# Smith v. Cumberland County Board of Education

> Supreme Court of North Carolina · December 15, 1954 · 241 N.C. 305

URL: https://www.frixlaw.com/law-library/cases/1305542

## Case

- **Full name:** MAGGIE TEW SMITH, Admr’x. of EDNA BERNICE SMITH, Deceased, v. CUMBERLAND COUNTY BOARD OF EDUCATION and N. C. STATE BOARD OF EDUCATION
- **Court:** Supreme Court of North Carolina
- **Decided:** December 15, 1954
- **Citations:** 241 N.C. 305; 84 S.E.2d 903; 1954 N.C. LEXIS 583
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Per Curiam
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/1305542

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/1305542. Public record. Not legal advice.