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JOHNSON v. CITY OF WINSTON-SALEM

No. 76.

193 S.E.2d 717 (1973)

282 N.C. 518

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

Supreme Court of North Carolina.

January 26, 1973.

Attorney(s) appearing for the Case

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

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

HIGGINS, Justice.

The plaintiffs' claim is based on a negligent failure of the city properly to inspect, to discover and remove defects, and to keep in good repair its sewer line along Milton Drive. The evidence indicated the city's street maintenance crew had caused sand and gravel to accumulate at the point of joinder between the city's main sewer line and the plaintiffs' branch line thus causing the back-up and overflow...

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