Defendants contend the trial court erred in not granting their motion for a directed verdict made at the close of plaintiff’s case and renewed at the close of all the evidence. Defendants argue that the evidence was insufficient as a matter of law on the issue of negligence and that the evidence indicated that plaintiff was contributorily negligent as a matter of law.
Counsel has not referred to any North Carolina case involving injury to a student precipitated by alleged teacher negligence in accidents associated with manual or vocational training classes. A teacher must abide by that standard of care “which a person of ordinary prudence, charged with his duties, would exercise under the same circumstances.”
Lunn v. Needles Elementary School District,
Although discussion of the issue is not crucial in this case, we note that, assuming the instructor was negligent, plaintiff, as shown by his own evidence, was contributorily negligent as a matter of law. “Every person having the capacity to exercise ordinary care for his own safety against injury is required by law to do so, . . . ”
Clark v. Roberts,
Reversed.
