Fisher v. Greensboro Water Supply Co.

There is but one question presented: Was the plaintiff entitled to judgment ex contractu or ex delicto, which depends solely upon the nature of the action as brought, whether for a breach of cionfoaict or for negligent injuries ?

The rule is that where the law, from, a given statement of facts, raises a-n obligation to do a particular act, and there is a breach of that obligation and a consequent damage, an action on the case founded on the tort is the proper action. Bond v. Hilton, 44 N. C., 310; Robinson v. Threadwell, 35 N. C., 41; Solomon v. Bates, 118 N. C., 315.

The plaintiff alleges that…