# Jenkins v. . Griffith

> Supreme Court of North Carolina · May 6, 1925 · 189 N.C. 633

URL: https://www.frixlaw.com/law-library/cases/3653755

## Case

- **Full name:** MARY I. JENKINS, Administratrix of Hugh H. Jenkins, Deceased, v. THOMAS GRIFFITH, A. J. DRAPER and J. R. WITHERS, Individually and as Members of the Mecklenburg Highway Commission, and MECKLENBURG HIGHWAY COMMISSION, a Corporation
- **Court:** Supreme Court of North Carolina
- **Decided:** May 6, 1925
- **Citations:** 189 N.C. 633; 127 S.E. 625; 1925 N.C. LEXIS 367
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** PER CURIAM.
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3653755

## Opinion text

Per Curiam.
The corporate defendant was created by chapter 383, Public-Local Laws 1921, and vested with certain duties and powers which hitherto had been exercised by the Board of Commissioners of
*634
Mecklenburg County. This defendant exercises only governmental functions — builds, maintains and controls public roads in Mecklenburg County, wbicb are not a part of the State system, and has charge of the county convicts, as provided by its charter above cited.
Neither phase of the duties of this defendant exceeds the limits of purely governmental functions. Hence, this action cannot be maintained against the defendant, Mecklenburg Highway Commission.
Scales v. Winston-Salem, ante,
469;
Moody v. State Prison,
128 N. C., 12 ;
Murdock Grate Co. v. Commonwealth,
152 Mass., 28 ;
Baker v. Spencer State Hospital (W.
Va.), 121 S. E., 497 ;
Bourne v. Hart,
93 Cal., 321 ;
County Commissioners v. Duckett,
20 Md., 468 ; 83 Am. Dec., 557 , and note;
Clodfelter v. State,
86 N. C., 51 ;
White v. Commissioners,
90 N. C., 437 ;
Burbank v. Commissioners,
92 N. C., 257 ;
Manuel v. Commissioners,
98 N. C., 9 ;
Threadgill v. Commissioners,
99 N. C., 352 ;
Moffitt v. Asheville,
103 N. C., 237 ;
Pritchard v. Commissioners,
126 N. C., 908 ;
Bell v. Commissioners,
127 N. C., 85 ;
Jones v. Commissioners,
130 N. C., 451 ;
Hitch v. Commissioners,
132 N. C., 573 ;
Keenan v. Commissioners,
167 N. C., 356 ;
Snider v. High Point,
168 N. C., 608 ;
Sandlin v. Wilmington,
185 N. C., 257 .
Therefore, the judgment of the trial court, dismissing this action as to the Mecklenburg Highway Commission, is
Affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3653755. Public record. Not legal advice.