Mitchell v. City of High Point

MARTIN, Judge.

By defendant’s eighth argument it contends the court erred in admitting evidence as to the condition of those portions of the creek bed located on private property and in instructing the j ury that defendant had adopted the creek as part of its drainage system. We think the assignment has merit.

It was stipulated and agreed by the parties that:

“(a) All the culverts, drainage ditches and stream beds lying between Orville Drive to the northwest and the Southern Railway track to the southeast were present when the area was annexed by the City of High Point in 1960.(b) That all…