Supreme Court of North Carolina March 8, 1950, 102 (Cooley v. Baker)

Ervin, J.

This appeal raises the question whether the complaint affirmatively alleges facts showing actionable negligence on the part of the defendant Baker.

When the complaint is stripped of its legal conclusions, it becomes evident that the plaintiff relies upon the following factual averments to establish liability on the part of Baker:

Immediately before the accident Baker was driving his