#### GEORGE WILLIAM SMITH, by His Next Friend, TOM C. SMITH, v. SHELL UNION OIL CORPORATION et al.

(Filed 28 September, 1938.)

Appeal by defendants from Johnston, J., at July Term, 1938, of BUNCOMBE.

Civil action to recover damages for alleged negligent injury.

Tbe complaint alleges that plaintiff was injured by tbe negligence of tbe defendants in placing “an inherently dangerous explosive . . . containing a mixture of gasoline and kerosene ... in a retail garage or filling station,” without proper safeguards, which was ignited by a match and exploded, resulting in injury to tbe plaintiff.

A demurrer was interposed upon tbe ground that tbe complaint does not state facts sufficient to constitute a cause of action. Demurrer overruled in tbe general county court; ruling sustained on appeal to tbe Superior Court; defendants again appeal.

*825 C. E. Blackstoclc and J. W. Haynes for plaintiff, appellee.

Heazel, Shuford & Hartshorn for defendants, appellants.

Pee Cueiak.

Without debating the matter, we agree with the courts helow that the complaint is good as against a demurrer. See Diamond v. Service Stores, 211 N. C., 632, 191 S. E., 358; Stone v. Texas Co., 180 N. C., 546, 105 S. E., 425; Newton v. Texas Co., ibid., 561, 105 S. E., 433.

Affirmed.