Parks v. Town of Princeton

Admitting the truth of the allegations of fact set forth in'the complaint, as well as relevant inference of facts necessarily deducible therefrom, as we must do in testing the sufficiency of the complaint, challenged by demurrer, Ins. Co. v. McCraw, 215 N. C., 105, 1 S. E. (2d), 369, and numerous other cases, we are of opinion that the complaint fails to state a cause of action against defendant town of Princeton.

The decisions of this Court uniformly hold that in the absence of some statute which subjects it to liability therefor, a city and town, when acting in its corporate character, or in…