Croom v. Town of Burgaw, 174
| Decision Date | 06 March 1963 |
| Docket Number | No. 174,174 |
| Citation | 259 N.C. 60,129 S.E.2d 586 |
| Parties | W. S. CROOM v. TOWN OF BURGAW. |
| Court | North Carolina Supreme Court |
Lonnie B. Williams and Otto K. Pridgen, II, Wilmington, for plaintiff-appellant.
Corbett & Fisler, Burgaw, Summersill & Browning, Jacksonville, for defendant-appellee.
It has been uniformly held by this Court that a municipality while acting in its governmental capacity, pursuant to legislative authority conferred by its charter, or in discharging a duty imposed for the public benefit, such corporation is not liable for the torts of its officers, unless there is a statute which subjects it to liability therefor.
A police officer duly appointed by a municipality is not an agent or servant of the city or town in the sense that the doctrine of respondeat superior applies. A municipality is not liable in tort for the wrongful acts of its police officers committed in connection with the performance of their duties as such officers. McIlhenney v. Wilmington, 127 N.C. 146, 37 S.E. 187, 50 L.R.A. 470; Parks v. Princeton, 217 N.C. 361, 8 S.E.2d 217; Gentry v. Hot Springs, 227 N.C. 665, 44 S.E.2d 85.
MOORE, J., took no part in the consideration or decision of this case.
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Coleman v. Cooper
...a municipality providing police services is engaged in a governmental function for which there is no liability. Croom v. Burgaw, 259 N.C. 60, 129 S.E.2d 586 (1963). By purchasing liability insurance, municipalities in this State waive the defense of governmental immunity to the extent of in......
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Bryant v. Mullins
...his duty or employment. Further support is found in North Carolina in a case very similar to the instant case. In Croom v. Town of Burgaw, 259 N.C. 60, 129 S.E.2d 586 (1963), plaintiff sued the town for damages resulting from an alleged unlawful assault upon the plaintiff by the police chie......
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Cox v. Lamm
...Raleigh, 359 N.C. 50, 53 (2004) (internal citations omitted). One such "governmental function" is law enforcement. Croom v. Town of Burgaw, 259 N.C. 60, 61 (1963) (per curiam). Governmental immunity is a jurisdictional bar to state law tort claims. See, e.g., Myers v. McGrady, 360 N.C. 460,......
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Galligan v. Town of Chapel Hill
...function. A police officer in the performance of his duties is engaged in a governmental function. As stated in Croom v. Town of Burgaw, 259 N.C. 60, 129 S.E.2d 586: 'A police officer duly appointed by a municipality is not an agent or servant of the city or town in the sense that the doctr......