Sledge v. Wagoner, 526
Citation | 104 S.E.2d 195,248 N.C. 631 |
Decision Date | 30 June 1958 |
Docket Number | No. 526,526 |
Parties | Willard Robert SLEDGE v. Bryce WAGONER, P. E. Hodges and J. Bernard Parker, T/A Bus Terminal Restaurant and Modern Grill. |
Court | United States State Supreme Court of North Carolina |
Ottway Burton and Don Davis, Asheboro, for plaintiff-appellant.
James B. Lovelace, High Point, for defendants-appellees.
This is a civil action to recover damages for personal injuries sustained by the plaintiff as a result of falling on the floor of the defendants' restaurant.
The case comes here on appeal from judgment as of nonsuit entered on motion of the defendants at the close of the plaintiff's evidence.
The defendants' restaurant is located in the Union Bus Terminal in the City of High Point. The plaintiff entered the restaurant for the purpose of making a purchase. He entered through a swinging door leading from the waiting room into the grill. An upright magazine rack was standing with back to the wall just inside the door on the plaintiff's right as he entered. The rack was made of wire rod material. It stood not more than four inches back from the door facing where the door pushed open. A table and some chairs close behind the swinging door kept it from opening full width and required the plaintiff to enter by stepping sidewise through the small opening of the door. After doing this, and upon taking his first step forward toward the serving counter, a snag on the magazine rack caught in the plaintiff's trouser leg, causing him to trip and fall and sustain a painful, disabling injury to one of his knees. While lying on the floor the plaintiff discovered the snag which caused him to trip: it stuck out from the bottom of the rack about half an inch, and was only about four inches up from the floor.
This in material part is the plaintiff's narrative of the occurrence:
'(Testimony as to nature and extent of the injury omitted as not being pertinent to decision.) (Italics added.)
Cross Examination: * * *
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Sledge v. Wagoner, 529
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