AREY v. BOARD OF LIGHT & WATER COM'N

No. 8019DC572.

274 S.E.2d 268 (1981)

William Reid AREY, III, and wife, Ava Eagle Arey v. BOARD OF LIGHT & WATER COMMISSION OF the CITY OF CONCORD.

Court of Appeals of North Carolina.

February 3, 1981.


Attorney(s) appearing for the Case

Koontz, Horton & Hawkins by K. Michael Koontz, Concord, for plaintiffs-appellants.

Hartsell, Hartsell & Mills by W. Erwin Spainhour, Concord, for defendant-appellee.


WELLS, Judge.

The sole question presented by plaintiffs in this appeal is whether plaintiffs were entitled to proceed to trial under the doctrine of res ipsa loquitur. In order to place this issue in clearer perspective, we will elaborate further on the proceedings in the trial court.

In support of its motion for summary judgment, defendant introduced the affidavit of Don T. Howell, Director of Utilities for the Board, which affidavit contains factual...

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