Williams v. Safe Bus Inc
| Decision Date | 30 June 1936 |
| Docket Number | No. 752.,752. |
| Citation | 186 S.E. 482,210 N.C. 400 |
| Parties | WILLIAMS. v. SAFE BUS, Inc. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Forsyth County; Hill, Special Judge.
Action by Caldwell Williams against the Safe Bus, Incorporated. From a judgment for the plaintiff in county court, defendant appealed to the superior court, and from judgment of the superior court remanding case to county court for new trial, both parties appeal.
Judgment of the superior court remanding case to county court for new trial affirmed; plaintiff's appeal affirmed; and defendant's appeal dismissed.
Moses Shapiro, of Winston-Salem, for plaintiff.
Price & Jones and Ingle & Rucker, all of Winston-Salem, for defendant.
This was a civil action instituted in the Forsyth county court to recover damages for personal injuries alleged to have been proximately caused by the negligence of the defendant. The defendant denied that it was negligent and also pleaded the plaintiff's contributory negligence in bar of recovery. The defendant tendered an issue as to the contributory negligence of the plaintiff, which the court declined to submit, and the defendant made this declination the subject of an exceptive assignment of error.
The case was tried upon the following issues:
1. Was the plaintiff injured by the negligence of the defendant, as alleged in the complaint?
2. What amount of damage is the plain-tiff entitled to recover of the defendant?
Upon the first issue being answered "Yes" and the second issue being answered "$450.00, " the court entered judgment for the plaintiff, and the defendant appealed to the superior court, assigning errors.
Upon appeal, the case came on for hearing in the superior court, and the court, being of the opinion that the defendant was entitled to have an issue as to the contributory negligence of the plaintiff submitted to the jury, entered judgment remanding the case to the Forsyth county court for a new trial. From this judgment bothplaintiff and defendant appealed to the Supreme Court; the plaintiff contending that the judge of the superior court erred in not affirming the judgment of the Forsyth county court, and the defendant contending that the judge of the superior court erred in not sustaining its exception to the refusal of the Forsyth county court to grant its motion for judgment as of nonsuit.
The evidence tended to show that the defendant operated a bus line in the city of Winston-Salem, and was a common carrier of passengers for hire, and that the plaintiff boarded as a passenger one of the defendant's buses, and that while the plaintiff, with other passengers, was on the bus, the driver...
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Absher v. City of Raleigh
... ... require its submission to the jury. Doyle v ... Charlotte, 210 N.C. 709, 188 S.E. 322; Williams v ... Safe Bus Co., 210 N.C. 400, 186 S.E. 482; Oldham v ... Seaboard Air Line Ry. Co., 210 N.C. 642, 188 S.E. 106 ... Compare Gasque v ... ...
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Bethea v. Town of Kenly, 524
...against defendants as directed by this opinion they may then appeal and assign the errors of which they now complain. Williams v. Safe Bus, Inc., 210 N.C. 400, 186 S.E. 482; Wachovia Bank & Trust Co. v. Atlantic Greyhound Lines, 210 N.C. 293, 186 S.E. 320; Anderson v. Morris, 203 N.C. 577, ......
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