Case law

Carpenter v. Atlanta & Charlotte Air Line Railway Co.

184 N.C. 400 · Supreme Court of North Carolina · Nov 22, 1922

In 1915 the General Assembly established a State Highway Commission, to consist of the Governor and six others, and afterwards increased the number of commissioners, enlarged their duties, and more clearly defined their powers … He is bound to establish it. Tbe State is a political corporate body, can act only through agents, and can command only by laws.

Swanson v. State

329 N.C. 576 · Supreme Court of North Carolina · Aug 14, 1991

If the decision of Davis had been clearly foreshadowed we do not *583 believe so many states would have adopted such plans. … The Fourth Circuit Court of Appeals said “how the intergovernmental tax immunity doctrine and 4 U.S.C. § 111 applied to North Carolina’s revenue statutes was anything but clearly established prior to Davis."

Bartley v. City of High Point

Supreme Court of North Carolina · Jun 17, 2022

Conclusion ¶ 33 To establish that Officer Blackman is not entitled to the defense of public official immunity, and thus to defeat his motion for summary judgment, Mr. … City of Virginia Beach, the Fourth Circuit affirmed an award of qualified immunity at the summary judgment stage in an excessive force claim based on unduly tight handcuffing. 817 F.

State v. Hill

272 N.C. 439 · Supreme Court of North Carolina · Jan 12, 1968

in offenses not clearly described; and any doubt on this point will be resolved in favor of the defendant.” … Obviously, this phrase was intended to qualify and restrict the words “safe 'or vault.”

King v. . R. R.

184 N.C. 442 · Supreme Court of North Carolina · Nov 29, 1922

That plaintiff having duly qualified as administrator of deceased, instituted his action against defendant for said alleged negligent killing, and filed his complaint therein, setting forth the occurrence in detail and the … This order, No. 50, upon which appellant chiefly relies, clearly and in express terms contemplates that as a matter of jurisdiction the court may proceed to hear and determine the cause.

Best Co. v. . Maxwell, Comr. of Revenue

216 N.C. 114 · Supreme Court of North Carolina · Jun 16, 1939

It then becomes pertinent to determine whether it can be fairly said tbat the instant act, in tbis case, clearly constitutes a direct and undue burden upon interstate commerce. … Finally, the measure leaves open to the seller the choice as to the manner of soliciting retail sales by display; only when be seeks to localize bis commercial activity by temporarily establishing himself at a particular

Matternes v. City of Winston-Salem

286 N.C. 1 · Supreme Court of North Carolina · Nov 26, 1974

And the Board of Transportation in its discretion may contract with any city or town which it deems qualified and equipped so to do that the city or town shall do the work of maintaining, repairing, improving, constructing … Assuming that the plaintiffs would be able to establish by evidence each of the alleged failures of the city to perform its contract with the Board of Transportation, the plaintiffs would not thereby establish a cause of

Dickson v. Rucho, 366 NC 332

366 N.C. 332 · Supreme Court of North Carolina · Jan 25, 2013

This Court has stated that work-product doctrine is “not a privilege,” but rather a “qualified immunity” that “extends to all materials prepared in anticipation of litigation or for trial.” Willis v. … immunity,” not an absolute shield.

Smith v. State

289 N.C. 303 · Supreme Court of North Carolina · Mar 2, 1976

The foregoing statutes clearly make the medical superintendent of a state hospital a state employee. … These must be established at the trial.

Estate of Long v. Fowler

Supreme Court of North Carolina · Aug 13, 2021

immunity. … This establishes that defendants are agents of NCSU.

Bouvier v. Porter

Supreme Court of North Carolina · May 23, 2024

First, the Court of Appeals held that the “absolute privilege most clearly applie[d] to . . . Porter” because he “was the actual protestor.” Id. at 545, 865 S.E.2d at 743. … App. 8 Given that the absolute privilege so clearly applies to this case, plaintiffs’ libel claims should have been dismissed with prejudice much earlier at the pleading stage under Rule 12(b)(6). Cf.

Hodges v. City of Charlotte

214 N.C. 737 · Supreme Court of North Carolina · Feb 1, 1939

It is stated in the dissenting opinion that it is not advocated that this long established immunity of governmental units should be abolished and it is recognized therein that whether it should be abolished presents a question … Yet it is advocated that the doctrine be modified by judicial decree, which clearly would be an invasion of the prerogatives of the Legislature.

Gardner v. City of Reidsville

269 N.C. 581 · Supreme Court of North Carolina · Mar 8, 1967

It is noted there were other reasons for declaring the act invalid in the Taylor case, in that Article II, Section 7, was violated because there was a grant of privilege and immunity, and further, there was an unlawful delegation … In deciding the case, pertinent principles as to the sovereign police power were clearly and concisely stated by the Court, speaking through Bobbitt, J., as follows: “Legislative power vests exclusively in the general assembly

Cleveland Cotton Mills v. Commissioners of Cleveland County

108 N.C. 678 · Supreme Court of North Carolina · Feb 5, 1891

This distinction is clearly drawn in the authorities cited and in many others that might be added, and is fully sustained by "the reason of the thing." … Brown, supra , to lay down a general rule subversive of the well-established principle that a majority of a body, in the absence of some words clearly showing that a majority of all persons qualified to act as members of

Allen v. . Mills

30 N.C. 473 · Supreme Court of North Carolina · Aug 5, 1848

By the 26th ch. 1846, the County of Polk is established and its boundaries prescribed, and by the *475 supplemental Act, cb. 29, its rights, privileges and immunities are secured to it. … By the first section, it is invested with all the rights, privileges, and immunities of other Counties in the State.

Norment v. . City of Charlotte

85 N.C. 387 · Supreme Court of North Carolina · Oct 5, 1881

If the fact be established upon full proofs that the contemplated school had the support of the greater number “ of the qualified voters of the city,” and those who are authorized and directed to determine the result, of … The rule is very forcibly and clearly laid down in the opinion of Mr. Justice StkoNG in the case of Black v. Commissioners, 99 U. S.

State Ex Rel. Hannon v. Grizzard

89 N.C. 115 · Supreme Court of North Carolina · Oct 5, 1883

In defining political immunities, however, both terms indicate a permanent and retained home. Thus, remarks GastoN, J. “By a residence in the county, the constitution intends a domicil in that county. … Justice Stoky, as “the place where a person lives or has his home,” that is, as he adds, where one has his true, fixed, permanent home and principal establishment, and to which, -whenever he is absent, he has the intention

Wray v. City of Greensboro

370 N.C. 41 · Supreme Court of North Carolina · Aug 18, 2017

Although there is no "mandate that a complaint use any particular language" and although a complaint "need only allege facts that, if taken as true, are sufficient to establish a waiver ... of ... immunity," Fabrikant v. … As the Policy clearly states, "this resolution is not to be interpreted as [a] waiver of any rights the City has against any party." 3 When read in accordance with its plain meaning, the Policy itself clearly states that

Trustees of the Goldsboro Graded School v. Broadhurst

109 N.C. 228 · Supreme Court of North Carolina · Sep 5, 1891

Whether this is sufficiently done or not is a question we need not now decide, it is not necessary to do so, because, granting, for the present purpose, that it is, we are clearly of opinion that the tax cannot be levied … Hence, when it is deemed expedient and desirable that a graded school shall be established in a particular township, a debt for the purpose can be created only with the sanction of a majority of the qualified voters thereof

State v. Pickens

346 N.C. 628 · Supreme Court of North Carolina · Jul 24, 1997

As the statements at issue clearly fall within established exceptions, this assignment of error is overruled. … Thus, the evidence taken in the light most favorable to the State was clearly sufficient to establish that defendant was present at the scene with Arrington and that the two were carrying out a common plan.