Foust v. City of Durham

Defendant relies on tbe doctrine of governmental immunity, and both parties quote from tbe charter of tbe city. But in reviewing a judgment overruling a demurrer, we are confined to a consideration of tbe complaint, without reference to any fact not alleged therein. Towery v. Dairy, 237 N.C. 544, 75 S.E. 2d 534. Unless tbe facts alleged disclose, as a matter of law, that tbe acts complained of were committed in furtherance of a governmental function, governmental immunity is an affirmative defense which may not be presented for deci sion by demurrer. White v. Charlotte, 209 N.C. 573, 183 S.E.…