260 N.C. 535 | N.C. | 1963
This action was instituted by plaintiff to- recover for personal injuries and property damage which resulted when his automobile -collided with the rear of a school activities bus.
Verdict was favorable to plaintiff. The defendant Board of Education 'Carried liability insurance covering the bus and thereby waived governmental immunity from liability .to the extent of the insurance policy limits. G.S. 115-53. The amount of the judgment is within policy limits.
Defendants appeal -and -assign as error the denial of their motion for nonsuit.
The 'evidence, taken' in the light most favorable to plaintiff, is summarized as follows:
Defendant Isley, ¡agent of defendant Board of Education, was operating the bus (with one ¡passenger aboard) westwardly -on U. S. Highway 64, a few -miles east of Asbeboro, N. C., on the night of 2 February 1961. He wais having “ignition” trouble. The motor cut off ■at Woody’s Drive-In. Mey got the motor started and after he had driven about one-half mile in the direction of Asbeboro the motor’ cut off again and the lights on the bus went out. The bus was left standing in the north lane facing west, without lights. It was 8 feet wide and 12 feet high, and obstructed practically the entire lane. It was painted yellow. The highway is 23 or 24 feet wide. Isley and the passenger left
Defendants were negligent in permitting the bus ,to stand .on the highway at night, without lights, blocking.the- lane of traffic, and in failing to give warning to ¡approaching vehicles. G.S. 20-129 and 134; Scarborough v. Ingram, 256 N.C. 87, 122 S.E. 2d 798. Plaintiff was not exceeding the ¡speed limit (55 miles per hour), his vision was impaired Iby blinding lights and. fog. Under -the provisions of G.S. 20-141 (e) and our decisions the plaintiff was mot contributorily negligent .as a matter of law; it was a case for the jury. Brooks v. Honeycutt, 250 N.C. 179, 108 S.E. 2d 457; Wilson v. Webster, 247 N.C. 393, 100 S.E. 2d 829; Burchette v. Distributing Co., 243 N.C. 120, 90 S.E. 2d 232; Chaffin v. Brame, 233 N.C. 377, 64 S.E. 2d 276. Issues as to negligence of defendants, ¡contributory negligence of plaintiff, and damages were submitted to the jury. AH were answered in favor of plaintiff.
No error.