Starnes v. McManus

Shakp. J.

Undoubtedly, plaintiff proved the negligence he had effectively alleged. The allegations of reckless driving, stated almost in the words of the statute and without specification of wilful and wanton *640conduct, are merely the pleader’s conclusions, which add nothing to plaintiff’s allegations of ordinary negligence. Fleming v. Drye, 253 N.C. 545, 117 S.E. 2d 416; Troxler v. Motor Lines, 240 N.C. 420, 82 S.E. 2d 342. Plaintiff likewise proved the contributory negligence of his intestate and thus barred his recovery. Blevins v. France, 244 N.C. 334, 93 S.E. 2d 549. Knowing that defendant…