Johnson v. City of Winston-Salem

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 maintenance crew had caused sand and gravel to accumulate at the point of joinder between the city’s main sewer line and the plaintiffs’ branch line thus causing the back-up and overflow into the plaintiffs’ home. The plaintiffs introduced ample evidence of the resulting damage.

After hearing the evidence, the trial court properly concluded the plaintiffs’…