Johnson v. City of Winston-Salem

193 S.E.2d 717 (1973)

282 N.C. 518

Emanuel L. JOHNSON and wife, Doris A. Johnson

v.

CITY OF WINSTON-SALEM.

No. 76.

Supreme Court of North Carolina.

January 26, 1973.

Pettyjohn & Frenck by H. Glenn Pettyjohn, Winston-Salem, for plaintiffs appellants.

Womble, Caryle, Sandridge & Rice by Allan R. Gitter and Roddey M. Ligon, Jr., Winston-Salem, for defendant appellee.

HIGGINS, Justice.

The plaintiffs' claim is based on a negligent failure of the city properly to inspect, to discover and remove defects, and to keep in good repair its sewer line along Milton Drive. The evidence indicated the city's street…