Stamey v. Rutherpordton Electric Membership Corp.

In this Court the defendant Rutherfordton Electric Membership Corporation filed a demurrer ore tenus on the ground that the amended complaint does not state facts sufficient to constitute a cause of action. This it had a right to do. Lamm v. Crumpler, 238 N.C. 717, 65 S.E. 2d 336. Defendant reduced its demurrer ore tenus to writing, and specified the grounds of objection to the amended complaint as follows: One, the amended complaint fails to state facts as to how, or by what means, one of the nonenergized and dead wires, which plaintiff’s intestate was on a pole erecting, came in contact…