147 N.C. 120 | N.C. | 1908
after stating the case: The law requires that we shall construe a pleading liberally for the purpose of determining its effect, with a view to substantial justice between the parties. Revisal, sec. 495. The plaintiff has alleged that the defendant, by its commissioners, has raised the sidewalk in front of his house 18 inches, and that this was done in
AVe think the allegations of negligence in this case are sufficient as against a demurrer. The general rule is that, if thpre is any cause of action stated in the complaint, however in-artificially expressed, the demurrer will be overruled. Blackmore v. Winders, 144 N. C., 212; Caho v. Railway, ante, 20. If the defendant desired a more certain and definite statement of the alleged negligence in order that it might know the precise nature of the charge, and so that its answer might be fully responsive to the complaint, the proper remedy was by motion, under Reyisal, secs. 496, 509. See Allen v. Railroad, 120 N. C., 548; Railway Co. v. Main, 132 N. C., 445.
The other grounds of demurrer are not tenable. The cor
"We will not now consider the question as to the plaintiffs right to discharge the surface water from his lot through drains, or conduits, into the side drains of the street, as the facts do not fully appear. Whether he has that right is too serious a question to be decided upon the meager statement of facts before us.
The judgment of the court overruling the demurrer is approved, and the defendant will be allowed to answer or to proceed as it may be advised.
No Error.