Thomas v. Atlantic & North Carolina Railroad

Tbis is an action to recover damages for tbe injury and death of plaintiff’s intestate as tbe proximate result of defendant’s negligence. It comes bere on appeal from a judgment overruling defendant’s demurrer to tbe complaint, as not stating a cause of action.

Whether plaintiff, in tbe main, bases bis right of recovery on tbe theory of attractive nuisance, we need not stop to inquire, although defendant’s argument is largely addressed to that phase of tbe case. But if plaintiff can recover on any aspect of tbe facts set up in tbe complaint, whatever theory may be stressed, tbe demurrer cannot…