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HOWELL v. CITY OF LUMBERTON

No. COA00-310.

548 S.E.2d 835 (2001)

Geraldine B. HOWELL, Plaintiff-Appellee, v. The CITY OF LUMBERTON, Defendant-Appellant.

Court of Appeals of North Carolina.

July 17, 2001.

Attorney(s) appearing for the Case

McCoy, Weaver, Wiggins, Cleveland & Raper, by Richard M. Wiggins, Fayetteville, for plaintiff-appellee.

Faison & Gillespie, by Reginald B. Gillespie, Jr., Durham, for defendant-appellant.

McGEE, Judge.

Plaintiff filed this action in February 1997, seeking recovery for damages to her house allegedly due to defendant's negligence in maintaining a storm drainage pipe running under plaintiff's property. The case was heard before the trial court without a jury. During trial, defendant moved for involuntary dismissal, and the trial court denied the motion. The trial court granted judgment in favor of plaintiff on 21 December 1998. Defendant appeals. Because...

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