Moffitt v. City of Asheville
Supreme Court of North Carolina
This was a civil action, tried at the June Term, 1888, of the Superior Court of Buncombe County, before Boykin, J. The complaint is as follows: “ The plaintiff, complaining of the defendant, alleges: “ 1. That the defendant is a municipal corporation, created by the laws of the State of North Carolina.
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This was a civil action, tried at the June Term, 1888, of the Superior Court of Buncombe County, before Boykin, J. The complaint is as follows: “ The plaintiff, complaining of the defendant, alleges: “ 1. That the defendant is a municipal corporation, created by the laws of the State of North Carolina. “ 2. That as such corporation it became the duty of defendant to provide proper facilities for heating the city prison so as to secure the health and comfort of prisoners confined therein. “ 3. That on the night of the_day of_, 1887, the plaintiff was arrested by the police authorities of said…
1Opinion of the CourtAvery, J.
The liability of cities and towns for the negligence of their officers or agents, depends upon the nature of the power that the corporation is exercising, when the damage complained of is sustained. A town acts in the dual capacities of an imperium in imperio, exercising governmental duties, and of a private corporation enjoying powers and privileges conferred for its own benefit.
When such municipal corporations are acting (within the purview of their authority) in their ministerial or corporate character in the management of property for their own benefit, or in the exercise of powers,…
2Cases cited10 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Bunch v. Town of EdentonSupreme Court of North Carolina · 1884
- Hill v. . Board of Aldermen of CharlotteSupreme Court of North Carolina · 1875
- Dargan v. Mayor of MobileSupreme Court of Alabama · 1858
- State v. . BowmanSupreme Court of North Carolina · 1878
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3Cited by18 opinions
- McIlhenney v. City of WilmingtonSupreme Court of North Carolina · 1900
- Glenn Ex Rel. Glenn v. City of RaleighSupreme Court of North Carolina · 1957
- Estate of Williams ex rel. Overton v. Pasquotank County Parks & Recreation DepartmentSupreme Court of North Carolina · 2012
- Bisbing v. Asbury ParkSupreme Court of New Jersey · 1910
- Bynum v. Wilson CountySupreme Court of North Carolina · 2014
13 more not listed; retrieve them via the Exa API.