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MILLER v. CITY OF CHARLOTTE

No. 64.

219 S.E.2d 62 (1975)

288 N.C. 475

Louise MILLER v. CITY OF CHARLOTTE, a Municipal Corporation.

Supreme Court of North Carolina.

November 5, 1975.

Attorney(s) appearing for the Case

Casey, Daly & Bennett, P. A., by Walter H. Bennett, Jr., Charlotte, for plaintiff-appellant.

Office of the City Atty. by H. Michael Boyd, Charlotte, for defendant-appellee.

MOORE, Justice.

The sole question presented by this appeal is: Did the trial court err in dismissing plaintiff's action on the ground that plaintiff filed notice of claim with the city manager rather than the city council, as required by the Charlotte City Charter? The Court of Appeals held not. We disagree.

The general rule in North Carolina on municipal tort notice requirements is stated in Carter v. Greensboro...

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