Supreme Court of North Carolina October 22, 1913 (Knight v. Foster)

lead-opinion

WALKER, J., concurs; BROWN, J., concurs in the concurring opinion. *Page 265 This is an action for damages sustained by coming in contact with a gate opening upon the sidewalk in front of certain premises in Wilmington owned by the defendant, which gate the plaintiff alleges had been left open and so long neglected, without any fastenings, that it had become permanently fixed in the