Wagner v. Town of Conover

At the close of plaintiff’s evidence and at the close of • all the evidence defendant made motions in the court below for judgment as in case of nonsuit. C. S., 567. In overruling these motions in the court below, we can see no error.

It is well settled in this jurisdiction that plaintiff can recover of a municipality for sewer disposal causing damage. In Donnell v. Greensboro, 164 N. C., at p. 334, citing numerous authorities, is the following: “The decisions of this State are in approval of the principle that the owner can recover such damage for a wrong of this character, and that the right…