Spell Ex Rel. Spell v. Town of Roseboro

199 S.E. 265, 214 N.C. 364, 1938 N.C. LEXIS 350

• Court: Supreme Court of North Carolina
• Decided: November 2, 1938
• Status: Published

Opinion

Per Curiam.

At tbe close of plaintiff’s evidence tbe defendant in tbe court below made a motion for judgment as in case of nonsuit. C. S., 567. Tbe court below granted tbe motion and in tbis we can see no error. Under all tbe evidence we see no duty upon defendant to repair and keep up tbe bridge where tbe injury to plaintiff is alleged to have occurred. It was outside tbe town limits. We think there is no sufficient evidence to be submitted to tbe jury tbat tbe defendant maintained or worked tbe highway in question or bad control or supervision of same. As to tbe liability of municipal corporations having legislative authority outside an incorporated town or city, see Berry v. Durham, 186 N. C., 421; High Point v. Clark, 211 N. C., 607.

Affirmed.