VALEVAIS v. CITY OF NEW BERN

No. 703SC504.

178 S.E.2d 109 (1970)

10 N.C. App. 215

Azilee Parker VALEVAIS, Charles N. Parker, John R. Parker and Edgar L. Parker, Jr. v. The CITY OF NEW BERN.

Court of Appeals of North Carolina.

December 30, 1970.


Attorney(s) appearing for the Case

Robert G. Bowers, New Bern, for plaintiff appellants.

Barden, Stith, McCotter & Sugg by Laurence A. Stith and A. D. Ward, Ward & Ward, New Bern, for defendant appellee.


GRAHAM, Judge.

It is universally recognized that in the absence of statutory provision, there can be no recovery against a municipal corporation for injuries resulting from its negligence or nonfeasance in the exercise of functions essentially governmental in character. In the exercise of such functions, the municipal corporation is acting for the general public as well as the inhabitants of its territory, and in such capacity represents the general sovereignty of...

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