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BLAKE v. CITY OF CONCORD

No. 384.

64 S.E.2d 408 (1951)

233 N.C. 480

BLAKE v. CITY OF CONCORD et al.

Supreme Court of North Carolina.

April 18, 1951.

Attorney(s) appearing for the Case

E. T. Bost, Jr., and W. Preston White, Jr., Concord, for plaintiff, appellant.

Hartsell & Hartsell and C. S. Morgan, Jr., all of Concord, for defendant, City of Concord, appellee.

Jones & Small, Charlotte, and John Hugh Williams, Concord, J. Lawrence Jones, Charlotte, for defendant, Board of Light & Water Commissioners, appellee.

STACY, Chief Justice.

The following excerpt from the charge constitutes the only exception brought forward and discussed in plaintiff's brief: "Our court has held in Groome v. [City of] Statesville, 207 N.C. 538 [177 S.E. 638], that if there are two ways open to a person to use—one safe and the other dangerous— the choice of the dangerous way with knowledge of the danger constitutes contributory negligence, and where a person sui juris, that is...

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