Evans v. Batten, 248
| Decision Date | 14 October 1964 |
| Docket Number | No. 248,248 |
| Court | North Carolina Supreme Court |
| Parties | Priscilla C. EVANS v. Lloyd A. BATTEN. |
Brewer & Gilliam, Fayetteville, for plaintiff.
Gardner, Connor & Lee, Wilson, for defendant.
Plaintiff appellant contends that the facts alleged are sufficient to show that the indenture was a dangerous condition to defendant's knowledge, defendant should have foreseen that rain, melting snow and ice would flow across and tend to obscure it, and defendant neglected to give warning. We do not agree. Slight depressions, unevenness and irregularities in outdoor walkways, sidewalks and streets are so common that their presence is to be anticipated by prudent persons. We are unable to distinguish this case from those in a long line of decisions by this Court. For examples, see: Falatovitch v. Clinton, 259 N.C. 58, 129 S.E.2d 598; Bagwell v. Brevard, 256 N.C. 465, 124 S.E.2d 129; Little v. Wilson Oil Corp., 249 N.C. 773, 107 S.E.2d 729; Welling v. Charlotte, 241 N.C. 312, 85 S.E.2d 379. The demurrer was properly sustained.
Assuming that the factual allegations of the complaint are true, as we must in considering demurrer, we conclude that plaintiff has no cause of action against defendant. Therefore, it was proper to dismiss the action. Perrell v. Beaty Service Co., 248 N.C. 153, 102 S.E.2d 785.
Affirmed.
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...or because the plaintiff was contributorily negligent in not seeing or avoiding an obvious hazard, or both. See, e.g., Evans v. Batten, 262 N.C. 601, 138 S.E.2d 213 (1964) (trip and fall over slight fault in wet sidewalk on clear day; plaintiff should have anticipated fault); Falatovitch v.......
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