Duke Power Co. v. City of High Point

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that municipalities are not liable for the “negligent acts or omissions of its officers and agents . . . in the exercise of the police power, or . . . where the act or omission occurs in the exercise of what are deemed to be governmental powers”
• noting that cases have held that “municipalities are not liable for such acts and omissions in the exercise of the police power, or in the performance of such municipal faculties as . . . the operation of fire departments”
• noting the difference between actions taken in a ministerial or proprietary capacity and those taken in governmental capacity
• describing the distinction between a city’s governmental functions, in the exercise of which the city is immune from liability, and proprietary functions, for which the city is not immune from liability
• operation of swimming pool is proprietary activity
• operation of swimming pool is proprietary activity

Source: CourtListener parenthetical corpus (CC0).