Beaver v. Town of China Grove

In the circumstances disclosed by the record, it would seem that the demurrer to the evidence should have been sustained, if. not upon the principal question of liability,, then upon the ground of insulated negligence. Oliver v. Raleigh, 212 N. C., 465, 193 S. E., 853; Chinnis v. R. R., 219 N. C., 528, 14 S. E. (2d), 500; Butner v. Spease, 217 N. C., 82, 6 S. E. (2d), 808.

There is no debate as to the liability of a municipality for the negligent failure to maintain its streets in a reasonably safe condition, Ferguson v. Asheville, 213 N. C., 569, 197 S. E., 146, albeit the municipality is not…