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HOOPER v. CITY OF WILMINGTON

No. 785SC1085.

257 S.E.2d 142 (1979)

42 N.C. App. 548

Joseph W. HOOPER, Jr., and wife, Nell T. Hooper, Plaintiffs, v. CITY OF WILMINGTON, North Carolina, Defendant.

Court of Appeals of North Carolina.

August 7, 1979.

Attorney(s) appearing for the Case

Marshall, Williams, Gorham & Brawley by A. Dumay Gorham, Jr. and Daniel Lee Brawley, Wilmington, for plaintiff appellees.

John C. Wessell and Crossley & Johnson by Robert White Johnson, Wilmington, for defendant appellant.

CLARK, Judge.

Defendant first assigns as error the court's finding of fact that the defendant had adopted, controlled and maintained Jumping Run Branch, since there was no evidence tending to show that the Branch had been dedicated to the City and evidence that the City adopted and controlled the Branch where it intersected with city streets does not constitute an adoption of the entire Branch.

"[T]he general rule is that a municipality becomes responsible...

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