Andrews Ex Rel. Andrews v. Seaboard Air Line Railway Co.

Per CueiaM.

The demurrer filed by the defendant admits the relevant facts set out in the complaint and such relevant inferences of fact as may be deducible therefrom, but it does not admit conclusions or inferences of law. Yarborough v. Park Commission, 196 N. C., 284; Ballinger v. Thomas, 195 N. C., 517.

We are of opinion that the complaint, examined in the light of this rule, does not set forth the breach of any duty the defendant owed the plaintiff. Bailey v. R. R., 149 N. C., 169; Monroe v. R. R., 151 N. C., 374; Brigman v. Construction Co., 192 N. C., 791. Reference to the place of the…