Oliver v. . Raleigh

CONNOR and SCHENCK, JJ., concur in dissent. This is an action instituted by the plaintiff to recover damages for personal injuries sustained by him in stepping from the curb of the sidewalk on the north side of East Davie Street, in the city of Raleigh, into the asphalt street in front of his place of business at night into a defective place in the street, which caused him to fall and suffer serious injury. The city had permitted a ditch to be cut in the street five feet east of the entrance to plaintiff's storeroom for the purpose of installation of gas or other pipes. The ditch began at the…