Valevais v. City of New Bern

It is universally recognized that in the absence of statutory provision, there can be no recovery against a municipal corporation for injuries resulting from its negligence or non-feasance in the exercise of functions essentially governmental in character. In the exercise of such functions, the municipal corporation is acting for the general public as well as the inhabitants of its territory, and in such capacity represents the general sovereignty of the state. Metz v. Asheville, 150 N.C. 748, 64 S.E. 881; Stone v. City of Fayetteville, 3 N.C. App. 261, 164 S.E.2d 542; 38 Am. Jur., Municipal Corporations, § 572, p. 261. The maintenance and operation of a fire department is a function which a municipality undertakes in its governmental capacity. Mabe v. Winston-Salem, 190 N.C. 486, 130 S.E. 169.