McBride Ex Rel. McBride v. North Carolina State Board of Education

Supreme Court of North Carolina

McBride Ex Rel. McBride v. North Carolina State Board of Education

125 S.E.2d 393, 257 N.C. 152, 1962 N.C. LEXIS 568

CourtSupreme Court of North Carolina

DecidedMay 9, 1962

Docket604

StatusPublished

Cited by2 cases

This text of 125 S.E.2d 393 (McBride Ex Rel. McBride v. North Carolina State Board of Education) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McBride Ex Rel. McBride v. North Carolina State Board of Education, 125 S.E.2d 393, 257 N.C. 152, 1962 N.C. LEXIS 568 (N.C. 1962).

Pincite

Opinion

Pá'R Cueiam.

Plaintiff conceded on oral argument here he could not maintain his claim against Guilford County Board of Education. This concession was properly made. Art. 31, c. 143, of the General Statutes has no application with respect to acts of employees of city or county administrative units. They may, by taking liability insurance, waive their governmental immunity and hence be held liable for the torts of their employees to the extent authorized by G.S. 115-53. Plaintiff makes no contention that he is entitled to recover under the provisions of that statute.

The record fails to show any exception to the findings, conclusions, and order of the Industrial Commission dismissing plaintiff’s claim or amappeal taken as permitted by G.S. 143-293. Because of such failure the Superior Court was without jurisdiction to hear plaintiff’s claim. Aycock v. Richardson, 247 N.C. 233, 100 S.E. 2d 379; Mason v. Commissioners of Moore, 229 N.C. 626, 51 S.E. 2d 6; Higdon v. Light Co., 207 N.C. 39, 175 S.E. 710; S. v. Johnson, 109 N.C. 852. The recitals in Judge McConnell’s judgment do not suffice to supply the record deficiencies.

Since the Superior Court was without jurisdiction, this Court did not acquire jurisdiction to hear plaintiff’s claim by exception to and appeal from the judgment of that court. Adams v. College, 248 N.C. 674, 105 S.E. 2d 68; Temple v. Temple, 246 N.C. 334, 98 S.E. 2d 314.

Appeal dismissed.

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Pá'R Cueiam.

Plaintiff conceded on oral argument here he could not maintain his claim against Guilford County Board of Education. This concession was properly made. Art. 31, c. 143, of the General Statutes has no application with respect to acts of employees of city or county administrative units. They may, by taking liability insurance, waive their governmental immunity and hence be held liable for the torts of their employees to the extent authorized by G.S. 115-53. Plaintiff makes no contention that he is entitled to recover under the provisions of that statute.

The record fails to show any exception to the findings, conclusions, and order of the Industrial Commission dismissing plaintiff’s claim or amappeal taken as permitted by G.S. 143-293. Because of such failure the Superior Court was without jurisdiction to hear plaintiff’s claim. Aycock v. Richardson, 247 N.C. 233, 100 S.E. 2d 379; Mason v. Commissioners of Moore, 229 N.C. 626, 51 S.E. 2d 6; Higdon v. Light Co., 207 N.C. 39, 175 S.E. 710; S. v. Johnson, 109 N.C. 852. The recitals in Judge McConnell’s judgment do not suffice to supply the record deficiencies.

Since the Superior Court was without jurisdiction, this Court did not acquire jurisdiction to hear plaintiff’s claim by exception to and appeal from the judgment of that court. Adams v. College, 248 N.C. 674, 105 S.E. 2d 68; Temple v. Temple, 246 N.C. 334, 98 S.E. 2d 314.

Appeal dismissed.

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Bluebook (online)

125 S.E.2d 393, 257 N.C. 152, 1962 N.C. LEXIS 568, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcbride-ex-rel-mcbride-v-north-carolina-state-board-of-education-nc-1962.

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