JOHNSON v. CITY OF WINSTON-SALEM

No. 743.

81 S.E.2d 153 (1954)

239 N.C. 697

JOHNSON et al. v. CITY OF WINSTON-SALEM et al.

Supreme Court of North Carolina.

March 24, 1954.


Attorney(s) appearing for the Case

Deal, Hutchins & Minor, Winston-Salem, for plaintiffs, appellants.

Ratcliff, Vaughn, Hudson, Ferrell & Carter, Winston-Salem, for defendant S. C. Harper, appellee.


JOHNSON, Justice.

The gravamen of the plaintiffs' cause of action is that the defendant Harper, being under legal duty to maintain the drain pipe under his land, negligently permitted it to remain in a known state of disrepair, thereby proximately causing the injury and damage in suit.

The individual defendant takes the position it was the sole duty of the City of Winston-Salem to maintain the drain, and that if this be so, he may not be held actionably negligent...

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