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JOHNSON v. CITY OF WINSTON-SALEM

No. 7221DC226.

190 S.E.2d 342 (1972)

15 N.C. App. 400

Emanuel L. JOHNSON and wife, Doris A. Johnson v. CITY OF WINSTON-SALEM.

Court of Appeals of North Carolina.

Certiorari Allowed October 3, 1972.

Attorney(s) appearing for the Case

Pettyjohn & Frenck, by H. Glenn Pettyjohn, Winston-Salem, for plaintiff appellants.

Womble, Carlyle, Sandridge & Rice, by Allen R. Gitter and Roddey M. Ligon, Jr., Winston-Salem, for defendant appellee.

Certiorari Allowed by Supreme Court October 3, 1972.

MORRIS, Judge.

The evidence tends to show that plaintiffs called City Hall on 8 December 1969 when they noticed the commode was slow in flushing. Three city employees and a sewer truck were dispatched to the scene where a sewer line in front of plaintiffs' house was full of water but not overflowing. The city employees opened the sewer main but did not know what caused the stoppage which resulted in some...

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