Dark v. . Johnson

It may be conceded that plaintiff has failed to show, with exactness, for what purpose Or in what capacity her intestate was on the defendant’s truck at the time of his injury. This, however, need not defeat her action, even though the complaint contains specific allegations in respect of the matter. Williams v. McLean, 221 N. C., 228, 19 S. E. (2d), 867. The gravamen of the cause of action is the alleged breach of duty which the defendant owed plaintiff’s intestate in the circumstances disclosed by the record. Russell v. Cutshall, 223 N. C., 353, 26 S. E. (2d), 866; White v. McCabe, 208 N.…