Johns v. Stevenson, 208 N.C. 222 (1935)

May 1, 1935 · Supreme Court of North Carolina

208 N.C. 222

RENNIE P. JOHNS v. TILDEN B. STEVENSON.

(Filed 1 May, 1935.)

Pleadings D c—

Where it does not appear upon the face of the complaint that the injury in suit was inflicted in another state, a demurrer upon the ground that the injury was inflicted in such other state and that under its laws plaintiff could not recover is properly overruled as a “speaking demurrer.”

Appeal by the defendant from order sustaining a demurrer made by Harding, J., at February Special Term, 1934, of MeoicleNbueg.

Affirmed.

J. Laurence J ones for defendant, appellant.

Jalee F. Newell for plaintiff, appellee.

Bek Oueiam.

This is an action by the plaintiff to recover damages for personal injuries alleged to have been proximately caused by the negligence of the defendant in the operation of an automobile owned by him and in which she was riding as an invited guest.

After filing answer, tbe defendant demurred ore terms upon tbe ground tbat tbe complaint failed to state a cause of action for tbat tbe injuries alleged to have been suffered by tbe plaintiff were inflicted in tbe State of South Carolina, making tbe law of South Carolina applicable, and tbat tbe facts alleged did not state a cause of action under such law. A careful scrutiny of tbe complaint fails to reveal tbat it is anywhere therein alleged tbat tbe injuries were inflicted in tbe State of South Carolina, and hence tbe demurrer invokes a fact not appearing on tbe face of tbe complaint, and thereby becomes a “speaking demurrer,” and for tbat reason was properly overruled. Latham v. Highway Commission, 185 N. C., 134.

Affirmed.