Hardgrove v. Transportation Insurance Co‪.‬

The complaint paints a lurid picture. However, if we look beyond the paint and examine the foundation of the alleged cause of action for wrongful death, as the demurrer invites us to do (Andrews v. R.R., 200 N.C. 483, 157 S.E., 431), we perceive no distinguishable difference between this case and the case of Dixon v. Town of Wake Forest, 224 N.C. 624, 31 S.E.2d 853. The Dixon case was itself predicated on Parks v. Town of Princeton, 217 N.C. 361, 8 S.E.2d 217, and Nichols v. Town of Fountain, 165 N.C. 166, 80 S.E., 1059, 52 L.R.A. (N.S.), 942, Ann. Cas. 1915-D, 152. The demurrer, which challenges the complaint on the ground of governmental immunity, was properly sustained on authority of these cases. See Anno. 46 A.L.R., at p. 98; s. 61, A.L.R., 569; 41 Am. Jur., 899.