McCombs v. City of Asheboro

Defendant’s grounds for demurrer are twofold: The first ground is that the plaintiff’s alleged cause of action arises out of the alleged negligence of defendant in the construction of a sewer line along a city street and that this is a governmental function for which it is not subject to tort liability. The second basis for demurrer is that the complaint fails to state a cause of action for the reason that there are no facts alleged constituting negligence on the part of the defendant and that the doctrine of attractive nuisance is not applicable.

With respect to the first ground, plaintiff…