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FOUST v. CITY OF DURHAM

No. 758.

79 S.E.2d 519 (1954)

239 N.C. 306

FOUST v. CITY OF DURHAM.

Supreme Court of North Carolina.

January 15, 1954.

Attorney(s) appearing for the Case

A. A. McDonald and Victor S. Bryant, Jr., Durham, for plaintiff-appellee.

Claude V. Jones, Durham, for defendant-appellant.

BARNHILL, Justice.

Defendant relies on the doctrine of governmental immunity, and both parties quote from the charter of the city. But in reviewing a judgment overruling a demurrer, we are confined to a consideration of the complaint, without reference to any fact not alleged therein. Towery v. Carolina Dairy, Inc., 237 N.C. 544, 75 S.E.2d 534. Unless the facts alleged disclose, as a matter of law...

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