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STONE v. CITY OF FAYETTEVILLE

No. 6812SC436.

164 S.E.2d 542 (1968)

3 N.C. App. 261

David L. STONE, Administrator of the Estate of Bruce Charles Clayton, Deceased v. The CITY OF FAYETTEVILLE.

Court of Appeals of North Carolina.

December 18, 1968.

Attorney(s) appearing for the Case

Anderson, Nimocks & Broadfoot, by Henry L. Anderson, Fayetteville, for plaintiff appellee.

Tally, Tally & Lewis, by Jacob Alonzo Bouknight, Jr., Fayetteville, for defendant appellant.

BRITT, Judge.

Was the defendant, in the maintenance of the storm drain described in plaintiff's complaint, exercising a governmental function from which it enjoyed immunity from tort action for wrongful death? We answer in the affirmative.

A municipal corporation has a dual nature or capacity, one public and the other private, and exercises correspondingly twofold functions and duties. In determining the liability...

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