Galligan v. Town of Chapel Hill

Prior to the legislative enactment on 14 April 1951 of Chapter 1015 of the Session Laws of 1951, now codified as G.S. 160-191.1 to 160-191.5, the common law rule of governmental immunity prevailed in North Carolina. Millar v. Wilson, 222 N.C. 340, 23 S.E. 2d 42. Under this common law rule a municipality is not liable for the torts of its employees or agents committed while performing a governmental function. A police officer in the performance of his duties is engaged in a governmental function. As stated in Croom v. Burgaw, 259 N.C. 60, 129 S.E. 2d 586:

“A police officer duly appointed by a…