Rappe Ex Rel. Rappe v. Carr

167 S.E.2d 48, 4 N.C. App. 497, 1969 N.C. App. LEXIS 1530

Opinion

Campbell, J.

This appeal challenges only the ruling of Judge Bulwinkle in sustaining Town’s demurrers to each complaint. In passing upon the demurrers, the facts alleged in the complaint and relevant inferences of fact necessarily deducible therefrom will be taken as true.

When exercising their police power or their judicial, discretionary or legislative authority as conferred by charters and statutes or when discharging a duty imposed solely for the public benefit, municipal corporations are not liable for the tortious acts of their officers and agents. While municipalities are not required to install electrical traffic control signals, they may do so as an exercise of their police power. G.S. 160-200(11) and (31). The installation and maintenance of such signals in and by municipalities are governmental functions and not proprietary or corporate functions. Hamilton v. Hamlet, 238 N.C. 741, 78 S.E. 2d 770. Therefore, the judgment sustaining Town’s demurrers is

Affirmed.

BhoCK and MoRris, JJ., concur.