Legal Opinion

Benton v. Board of Education of Cumberland County

Supreme Court of North Carolina

Decided November 18, 1931PublishedCited by 17 opinions

1Opinion of the CourtConnor, J.

There was no error in the judgment in this action. No-cause of action is stated in the complaint against the defendant, Board of Education of Cumberland County, or against the defendants, J. E. Reaves and W. T. Reaves.

In Scales v. Winston-Salem, 189 N. C., 469, 127 S. E., 543, it is said r “Negligence cannot be imputed to the sovereign, and for this reason, in the absence of statute, no private action for tort can be maintained against the State. It follows that such action will not lie against a municipal corporation for damages resulting from the exercise of governmental functions as an…

2Cases cited3 opinions

  1. Gorrell v. Greensboro Water Supply Co.Supreme Court of North Carolina · 1899
  2. Clark v. Bonsal & Co.Supreme Court of North Carolina · 1911
  3. Scales v. City of Winston-SalemSupreme Court of North Carolina · 1925

3Cited by17 opinions

  1. Rowan County Board of Education v. United States Gypsum Co.Supreme Court of North Carolina · 1992
  2. Smith v. HefnerSupreme Court of North Carolina · 1952
  3. Eller v. Board of Education of Buncombe CountySupreme Court of North Carolina · 1955
  4. Herring v. Winston-Salem/Forsyth County Board of EducationCourt of Appeals of North Carolina · 2000
  5. Overcash v. Statesville City Board of EducationCourt of Appeals of North Carolina · 1986

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