#### SALLIE COUNCIL v. DICKERSON’S, INC.

(Filed 18 April, 1951.)

Appeal by defendant from Bone, J., at the February Term, 1951, of Waee.

Civil action to recover damages for actionable negligence heard upon motion to strike allegations from complaint.

This is a companion ease to the action this day decided entitled Mrs. T. C. Council versus Dickerso.n s, Inc. The plaintiff, who was riding in the automobile belonging to Mrs. T. C. Council, sued the defendant for damages for personal injury allegedly sustained by her in the same acci*477dent. Sbe couched her complaint in practically the same language as that employed in the complaint in the Mrs. T. C. Council case, and the defendant moved to strike therefrom allegations virtually identical with those set out in its motion in the Mrs. T. G. Council case. The presiding judge made rulings on the motion similar to those made in the Mrs. T. G. Council case, and the defendant appealed, assigning such rulings as error.

Simms •& Simms and John M. Simms for plaintiff, appellee.

Bickett & Banks for defendant, appellant.

EeviN, J.

For the reasons stated in the Mrs. T. G. Council case, this cause is remanded to the Superior Court of Wake County with directions that an order be entered striking out the three portions of paragraph 5 of the complaint designated with particularity in the defendant’s motion.

Error and remanded.