MILNER HOTELS, INCORPORATED v. City of Raleigh

In Johnson v. Winston-Salem, 239 N.C. 697, at p. 707, 81 S.E. 2d 153, which is cited by the Present Chief Justice Parker, in Hormel & Company v. Winston-Salem, 263 N.C. 666, at p. 675, 140 S.E. 2d 362, it is said: “The general rule is that a municipality becomes responsible for maintenance, and liable for injuries resulting from a want of due care in respect to upkeep, of drains and culverts constructed by third persons when, and only when, they are adopted as a part of its drainage system, or the municipality assumes control and management thereof.” That this is the generally accepted rule…