Opinion

Sparrow v. Forsyth County Board of Education

  • 19 N.C. App. 383
  • 198 S.E.2d 762
  • 1973 N.C. App. LEXIS 1659
Court
Court of Appeals of North Carolina
Filed
Sep 12, 1973
Status
Published
Author
Brock
On the bench
Brock, Moréis, Vaughn
Cited by
0 cases

The opinion

BROCK, Chief Judge.

Plaintiff assigns as error that the findings of fact of the Industrial Commission do not support its conclusion and opinion.

Under the evidence in this case the question of whether a person of ordinary prudence would have acted under the same or similar circumstances was to be determined by the finder *386 of the facts. In this case the Commission was the finder of the facts and its finding of fact supports its conclusion and opinion. The fact that subsequent to the stopping of the bus, the driver left the bus and threw a snowball at Mike Weaver is irrelevant to the sudden emergency that confronted him at the time the bus was brought to a sudden stop. The conduct of the driver after the sudden stop in no way contributed to plaintiff’s injury.

Affirmed.

Judges Moréis and Vaughn concur.

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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