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GALLIGAN v. TOWN OF CHAPEL HILL

No. 50.

171 S.E.2d 427 (1970)

276 N.C. 172

Jettle Brady GALLIGAN, Respondent, v. TOWN OF CHAPEL HILL, Petitioner.

Supreme Court of North Carolina.

January 6, 1970.

Attorney(s) appearing for the Case

Emery B. Denny, Jr., Chapel Hill, Perry C. Henson and Daniel W. Donahue, Greensboro, for defendant-appellant.

Ottway Burton, Asheboro, for plaintiff-appellee.

MOORE, Justice.

Prior to the legislative enactment on 14 April 1951 of Chapter 1015 of the Session Laws of 1951, now codified as G.S. §§ 160-191.1 to 160-191.5, the common law rule of governmental immunity prevailed in North Carolina. Millar v. Town of Wilson, 222 N.C. 340, 23 S.E.2d 42. Under this common law rule a municipality is not liable for the torts of its employees or agents committed while performing a governmental function. A police officer in...

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