Careful consideration of each challenged allegation fails to disclose that its retention in the complaint will materially prejudice defendant on the final hearing of this cause. Hence, Judge Gwyn’s order is
Afiirmed.
Dennis v. Detels, 243 N.C. 111 (1955)
Nov. 9, 1955
·
Supreme Court of North Carolina
243 N.C. 111
FRED R. DENNIS v. FRANK DETELS.
(Filed 9 November, 1955.)
Appeal and Error § 40f—
The denial of a motion to strike will not be disturbed on appeal when it does not appear that retention of the challenged allegation will materially' prejudice defendant on the final hearing.
Appeal by defendant from Gwyn, J., April Term, 1955, of Stanly.
Civil action to recover damages to person and property, growing out of a collision on 10 July, 1954, at the intersection of U. S. Highway 52 *112and N. C. Highway 49, near Richfield, Stanly County, allegedly caused by the negligence of defendant.
Defendant, in apt time, filed motion under G.S. 1-153 to strike as irrelevant and redundant designated allegations of the complaint.
After hearing in due course, Judge Gwyn entered an order denying defendant’s said motion. Defendant excepted and appealed, assigning as error the denial of his motion in respect to each designated allegation challenged thereby.
R. L. Smith & Son and Morton & Williams for 'plaintiff, appellee.
Brown & Mauney for defendant, appellant.