Town of Hillsborough v. Smith

BROCK, Judge.

“Prior to the legislative enactment on 14 April 1951 of Chapter 1015 of the Session Laws of 1951, now codified as G.S. 160-191.1 to 160-191.5, the common law rule of governmental immunity prevailed in North Carolina. Millar v. Wilson, 222 N.C. 340, 23 S.E. 2d 42. Under this common law rule a municipality is not liable for the torts of its employees or agents committed while performing a governmental function.” Galligan v. Town of Chapel Hill, 276 N.C. 172, 171 S.E. 2d 427. Except where waived under authority of statute the common law rule of governmental immunity is still the law…