Wolfe v. Independent Coach Line, Inc.
Decision Date | 30 December 1929 |
Docket Number | 624. |
Citation | 150 S.E. 876,198 N.C. 140 |
Parties | WOLFE v. INDEPENDENT COACH LINE, Inc. |
Court | North Carolina Supreme Court |
Appeal from Superior Court, Swain County; McElroy, Judge.
Action by Mrs. C. S. Wolfe against the Independent Coach Line, Inc. Judgment for plaintiff, and defendant appeals. No error.
Violation of statute enacted to protect public is negligence per se although there must be causal connection between violation thereof and injury.
Breach of statute for protection of public is negligence per se.
The evidence tended to show that the plaintiff was riding in a Ford car on the 16th day of March, 1928, between Sylva and Bryson City, and that her car was struck by a bus owned and operated by the defendant. The car and the bus were traveling in the same direction. Plaintiff's car was operated by her agent, Paul Conley. The evidence further tended to show that the bus gave a signal to pass plaintiff's car, and that thereupon the driver of the car turned out of the road.
The driver of plaintiff's car narrated the collision and injury as follows:
The defendant offered strong evidence to the effect that the bus did not hit the car at all, but that the car negligently turned into the bus. There was also testimony to the effect that the driver of the car was drinking, and that the car was "wabbling" from one side of the road to the other prior to the collision.
The jury answered the issues in favor of the plaintiff, and awarded $2,050 damages for personal injury sustained by plaintiff, and for property damages to the car.
Rollins &...
To continue reading
Request your trial