- Bookmark
- Share
- CaseIQ
WILMINGTON v. WRIGHT
Appeal and Error 40f — Denial of motion to strike certain portions of complaint upheld upon authority of Buchanan v. Dickerson, Inc., ante, 421.
JOHNSON, J., took no part in the consideration or decision of this case.
This action was instituted by the plaintiff to recover damages, alleged by it to have been sustained by reason of the negligence of the defendant, his agents, servants and employees, by causing spoil from a dredging operation to be placed on and upon one of its sanitary sewer lines to such an extent and in such a manner as to damage and destroy the line.
The defendant in apt time moved to strike certain portions of the complaint. The motion was denied. The defendant excepted and appealed.
PER CURIAM.
We concur in his Honor's ruling on the motion to strike. It is supported by our recent decisions. Buchanan v. Dickerson, Inc., 232 N.C. 421, 61 S.E.2d 187; Hinson v. Britt, 232 N.C. 379, 61 S.E.2d 185; Parker v. Duke University, 230 N.C. 656, 55 S.E.2d 189.
The judgment is
Affirmed.
JOHNSON, J., took no part in the consideration or decision of this case.
Alert