Arant Ex Rel. Rooker v. Ransom

Defendants Ransom filed in this Court a demurrer ore temis to the complaint, contending that the complaint alleges no facts showing actionable negligence on the part of defendants Ransom but affirmatively discloses that the sole proximate cause of the collision was the negligence of defendant Armstrong.

In support of their demurrer, defendants Ransom cite Hout v. Harvell, 270 N.C. 274, 154 S.E. 2d 41. We think Hout is clearly distinguishable from the case before us. In Hout, the car in which plaintiff was riding as a passenger was traveling in the opposite direction from the car with which it…