Fitzgerald v. Concord.
Supreme Court of North Carolina
ActioN by Eacbel Eitzgerald against City of Concord, beard by Judge M. H. Justice and a jury, at the May Term, 1905, of the Superior Court of Cabaubus. There was evidence of the plaintiff tending to show that she was injured while walking along the streets of Concord, by reason of falling through a defective culvert. The plaintiff herself, on the principal question, testified as follows: “I live on South Crowell street.
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ActioN by Eacbel Eitzgerald against City of Concord, beard by Judge M. H. Justice and a jury, at the May Term, 1905, of the Superior Court of Cabaubus. There was evidence of the plaintiff tending to show that she was injured while walking along the streets of Concord, by reason of falling through a defective culvert. The plaintiff herself, on the principal question, testified as follows: “I live on South Crowell street. On July 28, 1905, as I was going on my direct way home, down West Depot street and crossing the same, I entered South Crowell street on the bridge or culvert at the entrance…
1Opinion of the Court
Hoke, J.,
after stating the case: There was error in directing a nonsuit in this case and the plaintiff is entitled to have her cause submitted to a jury. The governing authorities of a town are charged with the duty of keeping their streets and sidewalks, drains, culverts, etc., in a reasonably safe condition ; and their duty does not end at all with putting them in a safe and sound condition originally, but they are required to keep them so to the extent that this can be accomplished by proper and reasonable care and continuing supervision. Code, sec. 3803; Bunch v. Edenton, 90 N. C., 431;…
2Cases cited4 opinions
- Bunch v. Town of EdentonSupreme Court of North Carolina · 1884
- Russell v. Town of MonroeSupreme Court of North Carolina · 1895
- Kibele v. City of PhiladelphiaSupreme Court of Pennsylvania · 1884
- Jones v. City of GreensboroSupreme Court of North Carolina · 1899
3Cited by57 opinions
- Watkins v. City of RaleighSupreme Court of North Carolina · 1939
- Houston v. City of MonroeSupreme Court of North Carolina · 1938
- Willis v. . New BernSupreme Court of North Carolina · 1926
- Matternes v. City of Winston-SalemSupreme Court of North Carolina · 1974
- Ferguson Ex Rel. Ferguson v. City of AshevilleSupreme Court of North Carolina · 1938
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