White v. City of Charlotte

Pee Oueiam.

When this appeal was called for hearing in this Court, the defendants demurred ore tenus to the complaint, on the ground that the facts stated therein are not sufficient to constitute a cause of action. This demurrer is sustained.

It does not appear from the complaint that the negligence of the defendants, as alleged therein,- was the proximate canse of the death of plaintiff’s intestate. The negligent construction or operation of the swing in Independence Park by the defendants furnishes no cause of action on which the plaintiff is entitled to recover damages for the death of his…