Belmany v. Overton

In this Court, defendant demurred to the complaint for failure to state facts sufficient to constitute a cause of action against her, her asserted ground of objection being that “there is no allegation that connects the driver of the motor vehicle in question at the time of the collision in question with the said Oma Walker Overton as servant, agent, or employee acting within the scope of her employment.”

Except as to the identity of the demurrant, the quoted phraseology is identical with that used in a demurrer to the complaint in Parker v. Underwood, 239 N.C. 308, 79 S.E. 2d 765. In Parker…