Bryant v. Little River Ice Co. of Zebulon

Decision Date28 February 1951
Docket NumberNo. 89,89
Citation63 S.E.2d 547,233 N.C. 266
CourtNorth Carolina Supreme Court

L. L. Davenport, Nashville, Yarborough & Yarborough, Louisburg, Bunn & Arendell, and Thomas D. Bunn, Raleigh, for plaintiff.

Battle, Winslow, Merrell & Taylor, Rocky Mount, for defendants.

DENNY, Justice.

The plaintiff, R. R. Bryant, administrator of Shelby Jean Bryant, instituted this action to recover damages for the wrongful death of his intestate. And this appeal by the defendants is from a judgment overruling their demurrer interposed upon the ground that plaintiff's complaint does not state facts sufficient to constitute a cause of action.

The complaint, among other things, alleges that on October 6, 1949, about 7:45 A.M., plaintiff's intestate, Shelby Jean Bryant, 14 years of age, met her death by reason of a collision between a school bus, owned and operated by the Nash County Board of Education, and a truck, owned by the corporate defendant, Little River Ice Company of Zebulon, Inc., and operated by the individual defendant, Milton May Bryant, as an agent of the corporate defendant; that said agent was acting within the scope of his employment at the time of said collision; that plaintiff's intestate was a student at Ferrell's School in Nash County, and as such student was furnished daily transportation from her home to said school and return each school day on the regular school bus, owned and operated as alleged; that at the time of the aforesaid collision plaintiff's intestate was a student passenger on said bus enroute to Ferrell's School, and that said school bus at the time of her fatal injury was being operated in a careful and lawful manner.

The complaint, after also alleging that the collision occurred on a wooden bridge over Turkey Creek on the old 'Abby Murray Road', and that the bridge was fortyseven feet and two inches long and seventeen feet and three inches wide and was located at the break of a very sharp curve, and that 'on account of the undergrowth, bushes, grass, and other natural obstacles that had been allowed to grow up on the shoulders beside the road and hang over into the road and onto the bridge from both directions approaching the said bridge, the view * * * of the drivers was short, obscure and obstructed,' further alleges that the defendants were negligent, inter alia:

'(f) That said Milton May Bryant knew of the dangerous and hazardous condition existing at the said bridge and at the time and place where the said collision occurred, and that he wrongfully and negligently failed to keep the said Chevrolet truck under proper control at all times, and failed and neglected to give at least half of the said road and/or bridge to the vehicle which he was meeting, the said school bus, as it was his duty to do, and that he failed and neglected to observe the hazardous conditions then existing and to operate the said ice truck in a careful and cautious manner at the time and place where a special hazard existed, and which was known to him, as it was his duty to do.

'(g) That the said Milton May Bryant carelessly, recklessly and negligently drove said ice truck upon the bridge over Turkey Creek at the time and place of said collision, at an angle and not close up to the right rail of said bridge, well knowing that he was not leaving sufficient room upon said bridge for another motor vehicle to pass, and especially a vehicle of the length and breadth of the school bus.

'10-B. That the driver of the (corporate) defendant's truck * * * after having * * * entered upon the said bridge after he knew, or by the exercise of reasonable care could have known, that the school bus was at or about the same time entering upon said bridge, should have driven his truck close up to the rail of said bridge, to his right-hand side thereof and should have left and/or given to on-coming traffic, especially the said school bus, sufficient room to pass. * * * However, * * * he carelessly, negligently, and recklessly operated said truck along the center of said road and bridge...

To continue reading

Request your trial
14 cases
  • Hamlet Hospital and Training School for Nurses v. Joint Committee on Standardization
    • United States
    • North Carolina Supreme Court
    • February 1, 1952
    ...Gaines v. Long Manufacturing Co., 234 N.C. 340, 67 S.E.2d 355; Hall v. Coble Dairies, 234 N.C. 206, 67 S.E.2d 63; Bryant v. Little River Ice Co., 233 N.C. 266, 63 S.E.2d 547. See also McLean v. Ramsey, 221 N.C. 37, 18 S.E.2d These in substance are the pertinent facts alleged in the complain......
  • Batchelor v. Mitchell
    • United States
    • North Carolina Supreme Court
    • October 14, 1953
    ...true every material fact properly alleged in the complaint. Gaines v. Long Mfg. Co., 234 N.C. 331, 67 S.E.2d 355; Bryant v. Little River Ice Co., 233 N.C. 266, 63 S.E.2d 547. The rule is that if the complaint is good in any respect, or to any extent, it may not be overthrown by demurrer for......
  • Guerry v. American Trust Co.
    • United States
    • North Carolina Supreme Court
    • December 12, 1951
    ...Plan Co. v. McCanless, 193 N.C. 200, 136 S.E. 371; Steele v. Locke Cotton Mills, 231 N.C. 636, 58 S.E.2d 620; Bryant v. Little River Ice Co., 233 N.C. 266, 63 S.E.2d 547. The defendant sets up as defenses that sometime during the year 1946 Hood Motor Company, Inc., the subtenant then in pos......
  • Weavil v. Myers
    • United States
    • North Carolina Supreme Court
    • January 13, 1956
    ...of action. Workman v. Workman, 242 N.C. 726, 89 S.E.2d 390; Batchelor v. Mitchell, 238 N.C. 351, 78 S.E.2d 240; Bryant v. Little River Ice Co., 233 N.C. 266, 63 S.E.2d 547. Upon this demurrer we take the allegations of fact in the complaint as true: the demurrer does not admit conclusions, ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT