Smith v. Charlotte City Coach Lines, Inc.

182 S.E.2d 4, 12 N.C. App. 25, 1971 N.C. App. LEXIS 1267

Opinions

HEDRICK, Judge.

The appellant’s sole contention on this appeal is that the trial judge erred in granting the defendant’s motion for a directed verdict. In a negligence action where the evidence of plaintiff discloses contributory negligence so clearly that no other conclusion can be drawn therefrom, a directed verdict in favor of the defendant is proper. R. R. Co. v. Hutton & Bourbonnais Co., 10 N.C. App. 1, 177 S.E. 2d 901 (1970).

In the instant case the plaintiff testified on direct examination as follows:

“Q When you were going down the two bus steps, were you looking where you were going?

A Well, I just was looking, but it was just a bad place and a muddy place there, and I just got on off.”

On cross-examination the plaintiff testified:

“Q Did you see this place before you got off the bus?

A Yes, I could see it was a bad place all along. I mean I could see it was a mud place and all.”

Thus, the conclusion is1 inescapable that the plaintiff saw the condition of the ground where the bus had stopped; nevertheless, she proceeded to step off the bus onto the “wet gully muddy place.” Clearly, the act of the plaintiff in stepping from the bus onto what she now contends was a dangerous spot was a proximate cause of the fall and any injuries the plaintiff might have sustained. We hold that the evidence establishes plaintiff’s contributory negligence as a matter of law, and the judgment dismissing the action is affirmed.

Affirmed.