CARTER v. CITY OF GREENSBORO

No. 603.

106 S.E.2d 564 (1959)

249 N.C. 328

Jimmy CARTER by his Next Friend Fred Clapp, v. CITY OF GREENSBORO.

Supreme Court of North Carolina.

January 14, 1959.


Attorney(s) appearing for the Case

H. J. Elam, III, City Atty., H. L. Koontz, Holt, McNairy & Harris, Greensboro, for defendant, appellant.

Jordan, Wright & Henson, by Welch Jordan, Greensboro, for plaintiff, appellee.


HIGGINS, Justice.

The legal dispute involves the question of law whether the facts in evidence make out a case for the jury. The defendant contends the cause should have been withdrawn from the jury upon either of three grounds: (1) The plaintiff failed to file his claim within the time required by the city charter as a condition precedent to the institution of this action; (2) the defendant is immune from liability for negligence in this case in that the injury occurred...

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