Bryant v. Little River Ice Co. of Zebulon
| Decision Date | 28 February 1951 |
| Docket Number | No. 89,89 |
| Citation | 63 S.E.2d 547,233 N.C. 266 |
| Court | North Carolina Supreme Court |
| Parties | BRYANT, v. LITTLE RIVER ICE CO. OF ZEBULON, Inc., et al. |
L. L. Davenport, Nashville, Yarborough & Yarborough, Louisburg, Bunn & Arendell, and Thomas D. Bunn, Raleigh, for plaintiff.
Battle, Winslow, Merrell & Taylor, Rocky Mount, for defendants.
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.
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