EVANS v. BATTEN

No. 248.

138 S.E.2d 213 (1964)

262 N.C. 601

Priscilla C. EVANS v. Lloyd A. BATTEN.

Supreme Court of North Carolina.

October 14, 1964.


Attorney(s) appearing for the Case

Brewer & Gilliam, Fayetteville, for plaintiff.

Gardner, Connor & Lee, Wilson, for defendant.


PER CURIAM.

Plaintiff appellant contends that the facts alleged are sufficient to show that the indenture was a dangerous condition to defendant's knowledge, defendant should have foreseen that rain, melting snow and ice would flow across and tend to obscure it, and defendant neglected to give warning. We do not agree. Slight depressions, unevenness and irregularities in outdoor walkways, sidewalks and streets are so common that their presence is to be anticipated...

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