# Board of Managers of the James Walker Memorial Hospital v. City of Wilmington

> Supreme Court of North Carolina · February 25, 1953 · 237 N.C. 179

URL: https://www.frixlaw.com/law-library/cases/9844869

## Case

- **Full name:** Board of Managers of the James Walker Memorial Hospital of Wilmington, North Carolina, v. the City of Wilmington and New Hanover County
- **Court:** Supreme Court of North Carolina
- **Decided:** February 25, 1953
- **Citations:** 237 N.C. 179; 74 S.E.2d 749; 1953 N.C. LEXIS 522
- **Precedential status:** Published
- **Opinion:** Concurrence by DeviN
- **Judges:** Parkee, Devin
- **Cited by:** 40 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/9844869

## Opinion text

DeviN, C. J.,
concurring: I concur in the opinion written for the Court by Justice Parker, and I am in accord with the conclusion that in this case the support and maintenance of plaintiff’s hospital is not a necessary municipal expense within the meaning of Art. VII, see. 7, of the Constitution.
However, in view of the expanding need of hospital facilities and hospital care in this State, the issue here resolved against the power of municipal corporations to levy a tax or to expend funds derived from taxation for this purpose may in the future, in a proper case, require reexamination of this question. The growing concept of public health as a matter of prime importance, invoking the exercise of governmental power, is illustrated by the statutes creating hospital authorities and the fruitful results attending the activities of the Hospital Care Commission.
The issue is not foreclosed.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9844869. Public record. Not legal advice.