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GOWER v. CITY OF RALEIGH

No. 545.

153 S.E.2d 857 (1967)

270 N.C. 149

Lettie May GOWER v. CITY OF RALEIGH.

Supreme Court of North Carolina.

April 19, 1967.

Attorney(s) appearing for the Case

Paul F. Smith and Donald L. Smith, Raleigh, for the City of Raleigh.

E. R. Temple and Ernest L. Culbreth, Smithfield, for plaintiff appellant.

PER CURIAM.

The plaintiff's evidence establishes that the plaintiff fell at the time and place stated in the complaint and sustained serious injury as the result of her fall. This is not sufficient to impose liability upon the city. It is not liable to every pedestrian who falls and sustains an injury by reason of an inequality in the level of or a defect in its sidewalk, curb or street. The city is not liable for such injury unless it was negligent in failing to...

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