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ROGERS v. CITY OF ASHEVILLE

No. 7228DC40.

188 S.E.2d 656 (1972)

14 N.C. App. 514

Mrs. Allie Mae ROGERS v. The CITY OF ASHEVILLE.

Court of Appeals of North Carolina.

May 24, 1972.

Attorney(s) appearing for the Case

James S. Howell, Asheville, for plaintiff appellee.

Williams, Morris & Golding by J. N. Golding, Asheville, for defendant appellant.

MORRIS, Judge.

Plaintiff offered evidence which tended to show that on 17 April 1970 at about 9:45 a.m. she and her daughter walked to the courthouse by way of the sidewalk on the south side of College Street. It was misting rain, the sidewalk was wet, and the plaintiff and her daughter were sharing an umbrella. The sidewalk was concrete or cement, approximately eight to ten feet wide, and plaintiff had walked on this particular sidewalk many times before. Plaintiff...

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