Horton v. Wombles

Benham, Judge.

In his complaint filed September 17, 1981, appellant alleged that the City of Wrightsville negligently repaired a sewer line located near his residence, causing sewage to back up into his home and damage his property. In their answer, appellees, the mayor and city council members of Wrightsville, defended on the grounds that the maintenance of sewers was a governmental function and thus not a proper subject for a tort action; that appellant had sued the wrong parties; and that appellant had failed to give the proper ante litem notice. A motion to dismiss accompanied appellees’…