Mosseller v. City of Asheville

The judgment of nonsuit must be sustained unless the evidence offered by the plaintiff, considered in the light most favorable to her, is sufficient to show negligence by the city which was the proximate cause of the plaintiff’s fall and injury. The burden is upon the plaintiff to establish such negligence and causation. Walker v. Wilson, 222 N.C. 66, 21 S.E. 2d 817.

When a municipal corporation operates a system of waterworks for the sale by it of water for private consumption and use, it is acting in its proprietary or corporate capacity and is liable for injury or damage resulting from such…