Baker v. City of Lumberton

The only assignment of error is based upon exception to denial of defendant’s motions, aptly made, for judgment as of nonsuit.

1. It is contended, and rightly so, that the evidence shows affirmatively that the death of plaintiff’s intestate resulted from contact with a wire used by the city in transmitting electricity for street lighting purposes only, a governmental function, in the performance of which the city is not liable for tortious acts of its officers and agents. Hodges v. Charlotte, 214 N.C. 737, 200 S.E. 889; Beach v. Tarboro, 225 N.C. 26, 33 S.E. 2d 64; Alford v. Washington, 238…