MacK v. Charlotte City Water-Works
Supreme Court of North Carolina
Appeal by defendant from Bryson, J., at the September Term, 1920, of Mecklekburg. The action is to recover damages for destruction of a building of plaintiff, situated within tbe limits of the city of Charlotte, and caused by the alleged negligence of defendants in failing to furnish a timely and adequate water supply to enable the fire-department to extinguish the fire and save plaintiff’s building.
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Appeal by defendant from Bryson, J., at the September Term, 1920, of Mecklekburg. The action is to recover damages for destruction of a building of plaintiff, situated within tbe limits of the city of Charlotte, and caused by the alleged negligence of defendants in failing to furnish a timely and adequate water supply to enable the fire-department to extinguish the fire and save plaintiff’s building. There was judgment overruling the demurrer and defendants excepted and appealed.
1Opinion of the CourtHoke, J.
The city of Charlotte is now under a commission form of government, and at and before the time of this occurrence it owned and controlled its water-works and supply, this same being under the special management of the board of water commissioners of the city of Charlotte. Both under the present and preceding forms of government, this last was an official departmental board, created as a part of the city government for the more convenient and efficient ordering of the waterworks and supply. And their action on matters in the line of their official duties and within the scope of their powers is…
2Cases cited5 opinions
- McIlhenney v. City of WilmingtonSupreme Court of North Carolina · 1900
- Schigley v. City of WasecaSupreme Court of Minnesota · 1908
- Harrington v. Town of GreenvilleSupreme Court of North Carolina · 1912
- Howland v. City of AshevilleSupreme Court of North Carolina · 1917
- Felmet v. Town of CantonSupreme Court of North Carolina · 1919
3Cited by13 opinions
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- McKinney v. City of High PointSupreme Court of North Carolina · 1953
- State Ex Rel. East Lenoir Sanitary District v. City of LenoirSupreme Court of North Carolina · 1958
- James Ex Rel. James v. City of CharlotteSupreme Court of North Carolina · 1922
- Kirksey v. City of Ft. SmithSupreme Court of Arkansas · 1957
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