Wilson v. Pan-American Bus Lines, Inc., 217 N.C. 586 (1940)

May 22, 1940 · Supreme Court of North Carolina

217 N.C. 586

MORENTO WILSON v. PAN-AMERICAN BUS LINES, INC.

(Filed 22 May, 1940.)

1. Carriers § 15—

A passenger on a bus does not lose his rights as such in having the bus stop at a filling station on the route and leaving the bus temporarily to go to the toilet.

2. Carriers § 21b—

Plaintiff, while a passenger of defendant bus company, was assaulted and injured by an unidentified person as plaintiff was nearing the bus to board same. Held: Conflicting evidence as to whether defendant’s employees could have come to plaintiff’s rescue, and negligently failed to do so, after discovering his peril, was properly submitted to the jury.

Appeal by defendant from Phillips, J., at October Term, 1939, of MECKLENBURG.

Civil action to recover damages for personal injuries alleged to have been caused by the neglect or default of the defendant.

On 9 August, 1937, the plaintiff purchased a ticket from an agent of the defendant in New York and took passage on one of its buses for Charlotte, N. C. While traveling through the State of Virginia the plaintiff asked the driver to stop the bus and allow him to leave it for the purpose of relieving the pressure on his kidneys. Pursuant to this request, tbe bus was stopped at a filling station on tbe side of tbe road about five miles south of Martinsville. As plaintiff was returning to tbe bus and while approximately fifteen feet away, be was assaulted by an unidentified person and injured in tbe fight which ensued.

It is in evidence that tbe porter and driver of tbe bus saw tbe fight but made no effort to assist tbe plaintiff. Tbe defendant’s evidence is to tbe effect that tbe assault was wholly unexpected and so quickly over that neither tbe porter nor tbe driver bad time to go to plaintiff’s assistance.

From verdict and judgment in favor of tbe plaintiff, tbe defendant appeals, assigning errors.

John A. McRae, and B. F. Wellons for plaintiff, appellee.

Sims & Mason for defendant, appellant.

Stacy, C. J.

Tbe plaintiff was a passenger on defendant’s bus. He did not lose bis rights as such in tbe circumstances disclosed by tbe record by leaving tbe bus temporarily for a lawful purpose. Wallace v. R. R., 174 N. C., 171, 93 S. E., 731. His status was that of a passenger at tbe time of tbe assault. Goodman v. Queen City Lines, 208 N. C., 323, 180 S. E., 661.

Whether tbe employees of tbe defendant could have come to bis rescue, and negligently failed to do so, after discovering bis peril, was submitted to tbe jury under proper instructions from tbe court. Mills v. R. R., 172 N. C., 266, 90 S. E., 221. The evidence on this issue was conflicting. Pruett v. R. R., 164 N. C., 3, 80 S. E., 65.

We have discovered no reversible error. Tbe verdict and judgment will be upheld.

No error.