Croom v. Town of Burgaw
Cases that cite this one
4 later published cases cite this decision.
- Coleman v. Cooper (N.C. Ct. App. 1988)
- Bryant v. Mullins (District Court, W.D. Virginia 1972)
- Galligan v. Town of Chapel Hill (N.C. 1970)
- Cox v. Lamm (District Court, E.D. North Carolina 2020)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
It has been uniformly held by this Court that a municipality while acting in its governmental capacity, pursuant to legislative authority conferred by its charter, or in discharging a duty imposed for the public benefit, such corporation is not liable for the torts of its officers, unless there is a statute which subjects it to liability therefor.
A police officer duly appointed by a municipality is not an agent or servant of the city or town in the sense that the doctrine of respondeat superior applies. A municipality is not liable in tort for the wrongful acts of its police officers committed in connection with the performance of their duties as such officers. McIlhenney v.. Wilmington, 127 N.C. 146, 37 S.E. 187, 50 L.R.A. 470; Parks v. Princeton, 217 N.C. 361, 8 S.E. 2d 217; Gentry v. Hot Springs, 227 N.C. 665, 44 S.E. 2d 85.
*62 The judgment of the court below is
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.