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CLARK v. SCHELD

No. 305.

117 S.E.2d 838 (1961)

253 N.C. 732

Paul Everette CLARK v. H. W. SCHELD and the City of Lenoir (Original Defendants), and John Thomas Suddreth, Sr., John Thomas Suddreth, Jr., and Jake Roberts (Additional new Defendants).

Supreme Court of North Carolina.

January 20, 1961.

Attorney(s) appearing for the Case

W. H. Strickland, Lenoir, for plaintiff.

Patton & Ervin, Morganton, and L. H. Wall, Lenoir, for defendant City of Lenoir.

Patrick, Harper & Dixon, Hickory, for defendant Scheld.

MOORE, Justice.

The question for decision is whether or not the trial court erred in allowing the motions for nonsuit.

The City of Lenoir is a municipal corporation.

"A municipal corporation is dual in character and exercises two classes of powers—governmental and proprietary. It has a twofold existence—one as a governmental agency, the other as a private corporation.

"Any activity of the municipality which is discretionary, political...

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