McDonald v. Carper

Bobbitt, J

“The office of a demurrer is to test the sufficiency of a pleading, admitting, for the purpose, the truth of factual averments well stated and such relevant inferences as may be deduced therefrom, but it does not admit any legal inferences or conclusions of law asserted by the pleader.” McKinney v. High Point, 237 N.C. 66, 70, 74 S.E. 2d 440; Board of Health v. Commissioners, 173 N.C. 250 91 S.E. 1019, and cases cited.

On this appeal, upon the facts alleged, we must determine whether the City of Raleigh is liable for the alleged tortious acts of its City Manager.

It is first noted…