Foreman-Blades Lumber Co. v. City of Elizabeth City

Schenck, I.

The appeal poses two questions, the answers to either of which might be determinative: Whether, supposing the injury to plaintiffs’ lands to have been proximately caused by the negligence of the defendant’s employees, the city is nevertheless immune from liability therefor because its employees were acting in furtherance of its governmental powers; and whether the evidence relating to the origin of the fire raises inferences which should have been submitted to the jury. It is thought that in view of the conclusion we have reached on the latter question, discussion of the former is…