Bagwell v. Town of Brevard

Supreme Court of North Carolina

Bagwell v. Town of Brevard

124 S.E.2d 129, 256 N.C. 465, 1962 N.C. LEXIS 460

CourtSupreme Court of North Carolina

DecidedFebruary 28, 1962

Docket18

StatusPublished

Cited by11 cases

This text of 124 S.E.2d 129 (Bagwell v. Town of Brevard) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bagwell v. Town of Brevard, 124 S.E.2d 129, 256 N.C. 465, 1962 N.C. LEXIS 460 (N.C. 1962).

Pincite

Opinion

Per Curiam.

The facts alleged, but not the pleader’s legal conclusions, are deemed admitted when the sufficiency of a complaint is tested by a demurrer. Whether the admitted facts constitute negligence is a question of law.

Plaintiff’s allegations describe the alleged defect and her fall as follows: (1) “(T)he said sidewalk was constructed of large concrete sections, approximately six feet square.” (2) “(O)ne of the concrete sections was elevated approximately one inch above the adjacent concrete section.” (3) When plaintiff’s “left foot came to rest along the length of the irregular portion between the concrete sections,” the “unequal pressure on the bottom of the plaintiff’s foot” caused her ankle to turn, “throwing the plaintiff with great force down to the pavement.”

The legal duty of defendant, a municipal corporation, is to exercise ordinary care to maintain its sidewalks in a reasonably safe condition for travel by those using them in a proper manner and with due care. It is not an insurer of the safety of its sidewalks.

Here, the alleged defect or irregularity is a difference in elevation of approximately one inch between two adjacent concrete sections of the sidewalk. Defendant’s failure to correct this slight irregularity did not constitute a breach of its said legal duty. Hence, the judgment of the court below is affirmed.

Affirmed.

WlNBOENE, C.J., not sitting.

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Per Curiam.

The facts alleged, but not the pleader’s legal conclusions, are deemed admitted when the sufficiency of a complaint is tested by a demurrer. Whether the admitted facts constitute negligence is a question of law.

Plaintiff’s allegations describe the alleged defect and her fall as follows: (1) “(T)he said sidewalk was constructed of large concrete sections, approximately six feet square.” (2) “(O)ne of the concrete sections was elevated approximately one inch above the adjacent concrete section.” (3) When plaintiff’s “left foot came to rest along the length of the irregular portion between the concrete sections,” the “unequal pressure on the bottom of the plaintiff’s foot” caused her ankle to turn, “throwing the plaintiff with great force down to the pavement.”

The legal duty of defendant, a municipal corporation, is to exercise ordinary care to maintain its sidewalks in a reasonably safe condition for travel by those using them in a proper manner and with due care. It is not an insurer of the safety of its sidewalks.

Here, the alleged defect or irregularity is a difference in elevation of approximately one inch between two adjacent concrete sections of the sidewalk. Defendant’s failure to correct this slight irregularity did not constitute a breach of its said legal duty. Hence, the judgment of the court below is affirmed.

Affirmed.

WlNBOENE, C.J., not sitting.

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Bluebook (online)

124 S.E.2d 129, 256 N.C. 465, 1962 N.C. LEXIS 460, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bagwell-v-town-of-brevard-nc-1962.

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