Hollifield v. Everhart

The challenge to the ruling of the court below in sustaining the demurrer filed, as set forth above, presents the question as to whether or not the facts alleged in the complaint of plaintiff are sufficient to constitute a cause of action against the demurrants on 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. 511, 142 S.E.…