Banks v. Shepard

• Decision Date: 09 March 1949
• Docket Number: 93
• Citation: 52 S.E.2d 215,230 N.C. 86
• Parties: BANKS v. SHEPARD et al.
• Court: North Carolina Supreme Court

52 S.E.2d 215

230 N.C. 86

BANKS v. SHEPARD et al.

No. 93

Supreme Court of North Carolina

March 9, 1949

Civil action for personal injuries sustained by the plaintiff, in a rear-end collision between a bus owned and operated by the defendant, Mars Hill-Weaverville Bus Lines Inc., and a truck owned and operated by the defendant, Emory Lee Shepard.

On 18 November, 1947, the plaintiff became a passenger on appellant's bus, scheduled to leave Asheville at 2:30 p m., for Weaverville, but which actually left Asheville about 2:54 p. m. She paid her fare and was a passenger for hire. About 150 feet south of Stoney Knob Grocery Store the highway passes over the crest of a hill; and before the driver reached the crest of this hill he was traveling 40 or 45 miles per hour. The bus was being followed by a one and a half ton Chevrolet truck, driven by the defendant Shepard. It was raining and the pavement was wet. The road was 24 feet wide with a center line.

According to the plaintiff's evidence, just as the bus was approaching the Stoney Knob Grocery Store, while being operated at approximately 30 miles per hour, a passenger sitting on the front seat next to the door of the bus gave a signal to stop; immediately after the signal was given the bus stopped suddenly within 4 or 5 feet. The door was open when the bus stopped and the passenger who was standing at the door, alighted quickly and the truck of the defendant Shepard collided with the bus, throwing a number of passengers to the floor of the bus, unseating the plaintiff and throwing her to the floor, breaking her neck. The plaintiff offered testimony tending to show that the bus stopped on the traveled portion of the highway and that after the collision the truck and the rear of the bus were across the center line of the highway and the right front wheel of the bus was about 2 feet from the right edge of the pavement.

Miss Jean Cheek, one of the plaintiff's witnesses, testified that when the Roberts girl rang the bell to get off, she moved to the front of the bus and got off quickly, and something hit the back of the bus and she was knocked unconscious.

The defendant bus company admitted that no hand signal was given by the driver of the bus before stopping to discharge the passenger, that the bus was so constructed that a hand signal could not be given, but offered evidence tending to show that an electrical signal was given. The driver of the bus testified the stop lights are on only when the brakes are on and if you stop the bus suddenly, the brakes are on just the length of time that you are stopping the bus. He also testified that he slowed down gradually before stopping and that the truck which was following him was from 200 to 300 feet behind him when he stopped; that when he stopped the bus its right front and rear wheels were off of the hard surface resting on the shoulder of the road.

Miss Roberts, a witness for the defendant, testified that when the bus stopped she 'stepped down three steps from the floor of the bus and had taken about two steps on the ground when the crash occurred. * * * The bus drove up and stopped. It was misting. I didn't have an umbrella and I didn't have a raincoat. I was in a hurry to get from the bus to home. I had gotten off the bus, taken two steps * * * when I heard the collision.'

The usual motion for judgment as of nonsuit was made and renewed in apt time, and overruled. The jury answered the issues of negligence and damages against both defendants, and from the judgment entered thereon the defendant, Mars Hill-Weaverville Bus Lines, Inc., appeals and assigns error.

E L. Loftin and Jones & Ward, all of Asheville, for plaintiff.

Smathers & Meekins and Geo. Pennell, all of Asheville, for defendant Mars Hill-Weaverville Bus Lines, Inc.

DENNY Justice.

The appellant excepts and assigns as error the refusal of the Court below to allow its motion for judgment as of nonsuit.

According to the plaintiff's testimony the appellant's driver stopped the bus within four or five feet, after the bell rang, indicating a passenger wanted to get off the bus. The evidence also tends to show that the bus was stopped on the hard surface or traveled portion of the highway and that the collision occurred within a matter of seconds after the bus stopped.

The mere fact that the driver of a bus stops such vehicle on the traveled portion of the highway, for the purpose of receiving or discharging a passenger, nothing else appearing, will not be held to be a violation of G.S. s 20-161. Leary v. Norfolk Southern Bus Corp., 220 N.C. 745, 18 S.E.2d 426; Peoples v. Fulk, 220 N.C. 635, 18 S.E.2d 147; Conley v. Pearce-Young-Angel Co., 224 N.C. 211, 29 S.E.2d 740; Morgan v. Carolina Coach Co., 228 N.C. 280, 45 S.E.2d 339. Even so, such stop must be made with due regard to the provisions of G.S. s 20-154, the pertinent parts of which read as follows: '(a) The driver of any vehicle upon a highway before starting, stopping or turning from a direct line shall first see that such movement can be made in safety, * * * and whenever the operation of any other vehicle may be affected by such movement, shall give a signal as required in this section, plainly visible to the driver of such other vehicle, of the intention to make such movement. (b) The signal herein required shall be given by means of the hand and arm in the manner herein specified, or by any approved mechanical or electrical signal device, except that when a vehicle is so constructed or loaded as to prevent the hand and arm signal from being visible, both to the front and rear, the signal shall be given by a device of a type which has been approved by the department. * * * All signals to be given from left side of vehicle during last fifty feet traveled.'

It was admitted in the trial below, that when the bus was stopped to discharge the passenger at the...