Rappe Ex Rel. Rappe v. Carr

Court of Appeals of North Carolina

Rappe Ex Rel. Rappe v. Carr

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

CourtCourt of Appeals of North Carolina

DecidedApril 30, 1969

Docket6927DC226

StatusPublished

Cited by4 cases

This text of 167 S.E.2d 48 (Rappe Ex Rel. Rappe v. Carr) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Rappe Ex Rel. Rappe v. Carr, 167 S.E.2d 48, 4 N.C. App. 497, 1969 N.C. App. LEXIS 1530 (N.C. Ct. App. 1969).

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Opinion

Campbell, J.

This appeal challenges only the ruling of Judge Bulwinkle in sustaining Town’s demurrers to each complaint. In passing upon the *499 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.

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Campbell, J.

This appeal challenges only the ruling of Judge Bulwinkle in sustaining Town’s demurrers to each complaint. In passing upon the *499 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.

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167 S.E.2d 48, 4 N.C. App. 497, 1969 N.C. App. LEXIS 1530, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rappe-ex-rel-rappe-v-carr-ncctapp-1969.

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