Beach v. Town of Tarboro

Tbe third and fourth exceptive assignments of error, which, relate to the court’s refusal of defendant’s motion to dismiss the action and for judgment as in ease of nonsuit lodged when the plaintiff had introduced her evidence and rested her case and renewed when all the evidence on both' sides was in, pose the determinative question as to whether the driver of the town’s truck was engaged in the performance of a governmental function at the time of the collision between said truck and the taxicab in which the plaintiff was a passenger. If .such driver was so engaged the motion to dismiss and…