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JENKINS v. NORTH CAROLINA DEPT. OF MOTOR VEHICLES

No. 21.

94 S.E.2d 577 (1956)

244 N.C. 560

Mary Ruth JENKINS, Administratrix of the Estate of D. C. Jenkins, v. NORTH CAROLINA DEPARTMENT OF MOTOR VEHICLES.

Supreme Court of North Carolina.

October 10, 1956.

Attorney(s) appearing for the Case

William B. Rodman, Jr., Atty. Gen., Claude L. Love, Asst. Atty. Gen., Harvey W. Marcus, Staff Atty., Raleigh, for the State.

George H. Ward, Asheville, Felix E. Alley, Jr., Waynesville, for plaintiff, appellee.

HIGGINS, Justice.

Presented here for decision is the question whether recovery under the Tort Claims Statute for the negligent act of a State agent is authorized where the negligent act complained of is the intentional shooting of a prisoner by a member of the State Highway Patrol who had him in custody. That the unjustified shooting under such circumstances is a tort is not open to serious question. If the Act, G.S. § 143 291, authorized recovery for torts committed...

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