Hamilton v. Town of Hamlet

WiNBORNE, I.

This appeal challenges only the ruling of the judge below in sustaining demurrer to the complaint. In passing upon a demurrer the facts alleged in the complaint and relevant inferences of fact necessarily deducible therefrom will be taken to be true.

The decisions of this Court uniformly hold that, in the absence of some statute which subjects them to liability therefor, cities, when acting in their corporate character, or in the exercise of powers for their own advantage, may be liable for the negligent acts of their officers and agents; but when acting in the exercise of police…