# Sparrow v. Forsyth County Board of Education

> Court of Appeals of North Carolina · September 12, 1973 · 19 N.C. App. 383

URL: https://www.frixlaw.com/law-library/cases/6731365

## Case

- **Full name:** W. WARREN SPARROW, Guardian Ad Litem for DAVID MICHAEL CHANDLER, Minor v. FORSYTH COUNTY BOARD OF EDUCATION
- **Court:** Court of Appeals of North Carolina
- **Decided:** September 12, 1973
- **Citations:** 19 N.C. App. 383; 198 S.E.2d 762; 1973 N.C. App. LEXIS 1659
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Brock
- **Judges:** Brock, Moréis, Vaughn
- **Cited by:** 0 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/6731365

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6731365. Public record. Not legal advice.