Legal Opinion
Eller v. Board of Education of Buncombe County
Supreme Court of North Carolina
Decided September 21, 1955No. 90PublishedCited by 36 opinions
1Opinion of the CourtBobbitt, J.
Plaintiffs’ action is to recover compensation in the amount of $4,000.00 on account of the partial taking or appropriation of their property.
Defendant, under the provisions of G.S. 115-45, amended by S.L. 1955, ch. 1372, subch. II, Art. 5, sec. 10, is a body corporate. While it may sue and be sued in its corporate name, this fact, standing alone, is not determinative as to what actions may be maintained against it. See Kirby v. Board of Education, 230 N.C. 619, 55 S.E. 2d 322.
Our decisions are to the effect that a county board of education has immunity from liability for torts of its members…
2Cases cited10 opinions
- Smith v. HefnerSupreme Court of North Carolina · 1952
- McKinney v. City of High PointSupreme Court of North Carolina · 1953
- Sandlin v. City of WilmingtonSupreme Court of North Carolina · 1923
- Kirby v. Stokes County Board of EducationSupreme Court of North Carolina · 1949
- City of Raleigh v. EdwardsSupreme Court of North Carolina · 1952
5 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Long v. City of CharlotteSupreme Court of North Carolina · 1982
- Sale v. State Highway & Public Works CommissionSupreme Court of North Carolina · 1955
- Redevelopment Commission v. Security National Bank of GreensboroSupreme Court of North Carolina · 1960
- Midgett v. North Carolina State Highway CommissionSupreme Court of North Carolina · 1963
- Guilford Realty & Insurance Co. v. Blythe Bros. Co.Supreme Court of North Carolina · 1963
31 more not listed; retrieve them via the Exa API.