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SOWERS v. FORSYTH WAREHOUSE COMPANY

No. 380.

123 S.E.2d 603 (1962)

256 N.C. 190

Margaret Ann SOWERS, by her Next Friend, Walter F. Sowers, Plaintiff, v. FORSYTH WAREHOUSE COMPANY, trading as Star Warehouse, Original Defendant, and City of Winston-Salem, Additional Defendant.

Supreme Court of North Carolina.

January 12, 1962.

Attorney(s) appearing for the Case

J. F. Motsinger and Deal, Hutchins & Minor, Winston-Salem, for plaintiff, appellant.

Hudson, Ferrell, Petree, Stockton & Stockton and Norwood Robinson, Winston-Salem, for defendant Warehouse Company, appellee.

Womble, Carlyle, Sandridge & Rice, Winston-Salem, for defendant City of Winston-Salem, appellee.

BOBBITT, Justice.

It was stipulated that Section 115 of the Charter of Winston-Salem provides:

"All claims or demands against the City of Winston-Salem arising in tort shall be presented to the board of aldermen or said city or to the mayor, in writing, signed by the claimant, his attorney or agent, within ninety (90) days after said claim or demand is due or the cause of action accrues; no suit or action shall...

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