FIELDS v. DURHAM CITY BOARD OF EDUCATION

No. 669.

111 S.E.2d 910 (1960)

251 N.C. 699

Paulette FIELDS, by her next friend, Odell Fields, v. DURHAM CITY BOARD OF EDUCATION.

Supreme Court of North Carolina.

January 14, 1960.


Attorney(s) appearing for the Case

Daniel K. Edwards, Durham, for plaintiff.

Spears, Spears & Powe and Alexander H. Barnes, Durham, for defendant.


DENNY, Justice.

Under the provisions of G.S. § 115-27, county and city boards of education are respectively created "a body corporate," capable of "* * * prosecuting and defending suits for or against the corporation." This, however, does not mean that the Legislature has waived immunity from liability for torts for such boards.

Generally speaking, such an agency may sue or be sued on contracts entered into and duly executed by it. Likewise, a county...

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