Opinion

Smith v. Cumberland County Board of Education

  • 241 N.C. 305
  • 84 S.E.2d 903
  • 1954 N.C. LEXIS 583
Court
Supreme Court of North Carolina
Filed
Dec 15, 1954
Status
Published
On the bench
Per Curiam
Cited by
2 cases
Authority
More cited than 85.3%

The opinion

Per Curiam.

We have carefully considered the evidence introduced before the hearing Commissioner and have concluded that the finding of negligence against the driver of the bus is not supported thereby. Therefore, the defendants’ exception No. 4 should have been sustained. While the ruling of the court below on the defendants’ exception with respect to the failure of the hearing Commissioner and the Full Commission to find that the deceased was guilty of contributory negligence resulted in a verdict for the defendants, we affirm the result on the ground that the evidence does not support the finding of negligence on the part of the driver of the bus rather than upon the conclusion that the deceased was contrib-utorily negligent. As regrettable as the death of this young girl may be, we can find no legal basis for sustaining an award in favor of the plaintiff.

Modified and affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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