Whitehead v. Carolina Telephone & Telegraph Co.

Adam:s, J.

Tbe action, it will be noted, is laid in tort and negligence is tbe imputed wrongful act. It is contended by tbe defendant tbat several of tbe plaintiff’s allegations, especially those relating to tbe proximate cause of tbe loss, are inferences or conclusions not deducible from tbe substantive facts and not admitted by tbe demurrer. It is also insisted tbat tbe circumstances alleged were not such as to have admonished tbe defendant tbat its omission would probably result in injury to tbe plaintiff, and moreover tbat tbe essential proximate connection between tbe alleged negligence…