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McCOMBS v. CITY OF ASHEBORO

No. 6919SC402.

170 S.E.2d 169 (1969)

6 N.C. App. 234

Curtis E. McCOMBS, Administrator of Estate of Eric Wood McCombs, Deceased v. CITY OF ASHEBORO, a Municipal Corporation.

Court of Appeals of North Carolina.

October 22, 1969.

Attorney(s) appearing for the Case

Coltrane & Gavin, by W. E. Gavin and Hugh R. Anderson, Asheboro, for plaintiff appellant.

Miller, Beck & O'Briant, by Adam W. Beck, Asheboro, for defendant appellee.

MORRIS, Judge.

Defendant's grounds for demurrer are twofold: The first ground is that the plaintiff's alleged cause of action arises out of the alleged negligence of defendant in the construction of a sewer line along a city street and that this is a governmental function for which it is not subject to tort liability. The second basis for demurrer is that the complaint fails to state a cause of action for the reason that...

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