The ruling of the court below is reversed for the reasons set out in the opinion in Caldwell, Admr., v. Morrison, et al., ante, 324.
Reversed.
Burroughs v. Morrison, 240 N.C. 337 (1954)
May 19, 1954
·
Supreme Court of North Carolina
240 N.C. 337
CLINTON J. BURROUGHS v. H. D. MORRISON and J. M. McMANUS, Partners, Trading as MOR-MAC MOTOR COURT, and RULANE GAS COMPANY, a Corporation.
(Filed 19 May, 1954.)
Appeal by defendant Rulane Gas Company from Hubbard, Special Judge, November Extra Civil Term, 1953, of MeckxeNburg.
This is a civil action instituted by the plaintiff to recover for personal injuries sustained from the inhalation of monoxide poisoning while a guest of the Mor-Mae Motor Court.
The allegations against the appellant, with respect to its negligence, are identical with those set out and discussed in the case of Caldwell, Admr., v. Morrison, et al., decided herewith.
The appellant demurred''to the complaint on the same grounds set out in the above case. The demurrer was likewise overruled and it appeals, assigning error.
Bell, Horn, Bradley & Gebhardt for plaintiff, appellee.
Covington & Lobdell for defendant, appellant.