#### CITY OF WILMINGTON v. THOMAS H. WRIGHT.

(Filed 29 November, 1950.)

Appeal and Error § 40f—

Denial of motion to strike certain portions of complaint upheld upon authority of Buchanan v. Dickerson, Inc., ante, 421.

Johnson, J., took no part in the consideration or decision of this case.

Appeal by defendant from Grady, Emergency Judge, September Term, 1950, of New Hanovbb.

This action was instituted by the plaintiff to recover damages, alleged by it to have been sustained by reason of the negligence of the defendant, his agents, servants and employees, by causing spoil from a dredging operation to be placed on and upon one of its sanitary sewer lines to such ah extent and in such a manner as to damage and destroy the line.

The defendant in apt time moved to strike certain portions of the complaint. The motion was denied. The defendant excepted and appealed.

Wm. B. Campbell for plaintiff.

Robert D. Cronly, Jr., and Varser, McIntyre & Henry for defendant.

•Pee Cue-iam.

"We concur in his Honor’s ruling on the motion to strike. It is supported by our recent decisions. Buchanan v. Dickerson, Inc., 232 N.C. 421, 61 S.E. 2d 187; Hinson v. Britt, 232 N.C. 379, 61 S.E. 2d 185; Parker v. Duke University, 230 N.C. 656, 55 S.E. 2d 189.

The judgment is

Affirmed.

JohNSon, J., took no part in the consideration or decision of this case.