Rockett v. City of Asheville

The principles of law regarding the liability of a municipality for failing to keep its streets and sidewalks in a safe condition were set out by Parker, J., now C.J., in Smith v. Hickory, 252 N.C. 316, 113 S.E. 2d 557 (1960), as follows:

“The governing authorities of a town or city have the duty imposed upon them by law of exercising ordinary care to maintain its streets and sidewalks in a condition reasonably safe for those who use them in a proper manner. Liability arises only for a negligent breach of duty, and for this reason it is necessary for a complaining party to show more than the…