Johnson v. City of Winston-Salem

As the majority opinion states, the evidence indicated that the city’s street maintenance crew caused sand and gravel to fall into the city’s main sewer line, obstructing that line so that sewage backed up and overflowed into the home of the plaintiffs, damaging their property severely. The majority’s sole ground for affirming the allowance of the city’s motion for a directed verdict is the failure of the plaintiffs to give written notice of their claim to the mayor within the time, 90 days, specified therefor in the charter of the city.

The record shows the following, undisputed facts:

Kemp P.…