GLENN v. CITY OF RALEIGH

No. 453.

98 S.E.2d 913 (1957)

246 N.C. 469

Joseph C. GLENN, by his Next Friend, Mrs. Nora G. Glenn, v. The CITY OF RALEIGH, North Carolina, a municipal corporation.

Supreme Court of North Carolina.

June 28, 1957.


Attorney(s) appearing for the Case

Paul F. Smith, Raleigh, for defendant, appellant.

Douglass & McMillan, Raleigh, for plaintiff, appellee.


PARKER, Justice.

The defendant assigns as error the failure of the court to allow its motion for judgment of nonsuit renewed at the close of all the evidence.

The defendant contends that plaintiff should have been nonsuited for the reason that he has not made out a case of actionable negligence against it, but if he has, it, as a municipal corporation, is immune to suit for negligence in the performance of a governmental duty in the operation and maintenance...

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