Stathopoulos v. Shook

While he alleged the location and operation of the automatic traffic control signal placed in the intersection by the City of Charlotte, plaintiff did not allege the city ordinance. Ordinarily, before legal rights may be predicated thereon, there must be both allegation and proof of such ordinance. Smith v. Buie, 243 N.C. 209, 90 S.E. 2d 514; Lutz Industries, Inc., v. Dixie Home Stores, 242 N.C. 332, 343, 88 S.E. 2d 333; Wilson v. Kennedy, 248 N.C. 74, 102 S.E. 2d 459; G.S. 160-272.

In Cox v. Freight Lines, 236 N.C. 72, 79, 72 S.E. 2d 25, it was held that the defect (failure to plead the…