Berry v. City of Durham
Supreme Court of North Carolina
1Opinion of the CourtHoice, J.
Ordinarily, and in the absence of legislative sanction, a city or town government is without power to enter on improvements of this character outside of the corporate limits, and for wrongs done by its agents and employees while engaged in such an enterprise the corporation itself may not be held liable. Love v. City of Raleigh, 116 N. C., 296; Ith McQuillan Municipal Corporations, sec. 1824.
In the citation to McQuillan it is said: “The general rule is, that, without legislative grant, the authority of the municipal corporation is confined to its own area; hence its acts and ordinances have…
2Cases cited14 opinions
- Hall v. DeCuirSupreme Court of the United States · 1878
- Smith v. School Trustees.Supreme Court of North Carolina · 1906
- Lowery v. School Trustees.Supreme Court of North Carolina · 1905
- Puitt v. Commissioners of Gaston CountySupreme Court of North Carolina · 1886
- Harper v. Town of LenoirSupreme Court of North Carolina · 1910
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3Cited by8 opinions
- Kinston v. . R. R.Supreme Court of North Carolina · 1922
- Durkee v. MurphyCourt of Appeals of Maryland · 1942
- Clinard v. City of Winston-SalemSupreme Court of North Carolina · 1940
- Underwood v. . Ins. Co.Supreme Court of North Carolina · 1923
- Austin v. ShawSupreme Court of North Carolina · 1952
3 more not listed; retrieve them via the Exa API.