Long v. Carolina Baking Co.

(dissenting) :

It is always with trepidation that I venture to disagree with an opinion authored by Mr. Justice Bonham, but I would be derelict in my duty, as I see it, not to here record my view of Exceptions 1, 2, 3 and 4, which raise the issue whether the North Carolina law is sufficiently pleaded; and if by reason of the first trial of this case such issue has become academic.

This action was for the alleged wrongful death of respondendent’s intestate, and the only reference in the complaint to any North Carolina statute is contained in paragraph four of the complaint, and is as follows:…