Long v. Seaboard Air Line Railroad, 231 N.C. 734 (1950)

April 19, 1950 · Supreme Court of North Carolina
231 N.C. 734

SHANNON B. LONG v. SEABOARD AIR LINE RAILROAD COMPANY.

(Filed 19 April, 1950.)

Appeal by defendant from Harris, J., at October Term, 1949, of Waee.

Civil action to recover damages for personal injuries resulting from the alleged negligent acts of the defendant.

The defendant, in apt time, filed a motion to strike certain allegations from the complaint, on the ground that they are “irrelevant, redundant and indefinite, and are statements of conclusions and not facts.”

The court below being of the opinion the motion should not be granted, denied it and entered judgment accordingly.

The defendant appeals and assigns error.

Douglass & McMillan for plaintiff.

Murray Allen for defendant.

Per Curiam.

We concur in the ruling of the court below and affirm the judgment, on the authority of Long v. Love, 230 N.C. 535, 53 S.E. 2d 661.

Affirmed.