Clark v. Scheld

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, legislative or public in nature and performed for the public good in behalf of the State, rather than for itself, comes within the class of governmental functions. When,…