Patterson v. Duke Power Co.
Supreme Court of North Carolina
Appeal by defendant from Clement, J., at June Term, 1945, of Guilfoed. Civil action to recover damages for personal injuries. On or about, 1 May, 1944, plaintiff boarded one of defendant’s electric passenger trolleys at a point on East Market Street in Greensboro for tbe purpose of going to Freeman Mill Road. In order for him to complete bis trip, it was necessary that be transfer to another bus at tbe intersection of Market and Elm Streets.
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Appeal by defendant from Clement, J., at June Term, 1945, of Guilfoed. Civil action to recover damages for personal injuries. On or about, 1 May, 1944, plaintiff boarded one of defendant’s electric passenger trolleys at a point on East Market Street in Greensboro for tbe purpose of going to Freeman Mill Road. In order for him to complete bis trip, it was necessary that be transfer to another bus at tbe intersection of Market and Elm Streets. He paid bis fare and received from tbe motorman a transfer ticket. When be reached tbe point of transfer, be alighted from the East Market Street…
1Opinion of the CourtBarnhill, J.
Did the court below err in overruling defendant’s motion to dismiss this action as in case of nonsuit, entered at the conclusion of the evidence for plaintiff and duly renewed at the conclusion of all the testimony? This is the one question defendant seeks to present on this appeal.
The plaintiff makes these specific allegations of negligence:(1) The operator of the bus permitted his bus to be overcrowded;(2) He was unable to see clearly to his right to ascertain whether or not additional passengers were attempting to get on the bus or were in the vicinity of the bus without leaning forward or…
2Cases cited17 opinions
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