Hayes v. Bon Marche, Inc.

The essential rules governing appeals from lower court rulings on motions to strike are collected and assembled in Daniel v. Gardner, 240 N.C. 249, 81 S.E. 2d 660. Under application of principles there stated, we conclude that paragraph 7 of the complaint contains some factual allegations which withstand the defendant’s motion to strike. Watkins v. Furnishing Co., 224 N.C. 674, 31 S.E. 2d 917; 65 C.J.S. Negligence, Sec. 234.

Conceding as we may that the challenged paragraph contains irrelevant and redundant matter, nevertheless it is noted that the refusal of the court to strike all three…