Stone v. City of Fayetteville

Was the defendant, in the maintenance of the storm drain described in plaintiff’s complaint, exercising a governmental function from which it enjoyed immunity from tort action for wrongful death? We answer in the affirmative.

A municipal corporation has a dual nature or capacity, one public and the other private, and exercises correspondingly twofold functions and duties. In determining the liability of a municipal corporation for tort under any particular circumstance, the courts very generally recognize that a distinction exists between the acts and duties which are strictly public and…