Supreme Court of North Carolina March 18, 1908 (McGhee v. Norfolk & Southern Railway Co.)

lead-opinion

CLARK, C.J., dissenting, arguendo. HOKE, J., concurring in the dissenting opinion. After stating the facts: Taking the averments in the complaint to be true, as admitted by the demurrer, two questions are presented: 1. Was there a breach of duty to the plaintiff on the part of the defendants 2. Was it the proximate cause of the injury? It is said that the demurrer admits negligence.