Lewis v. Lee

Defendant appellant renews in this Court his demurrer ore tenus to the complaint of the plaintiff. It, like the demurrers filed in Superior Court, was upon the ground that the complaint does not state facts sufficient to constitute a cause of action against the defendant for actionable negligence.

For this purpose the truth of the allegations contained in the complaint is admitted, and “ordinarily relevant inferences of fact necessarily deducible therefrom are also admitted. But the principle does not extend to admissions of conclusions or inferences of law.” Ballinger v. Thomas, 195 N.C. 517,…