Negligence — Action — Evidence — Nonsuit.
When it appears that an injury, the subject of an action for damages, was the result of an accident concerning which the evidence fails to account, a judgment of nonsuit is proper.
This action is to recover damages for personal injury received from a piece of rock striking plaintiff in the eye while driving crushed ballast under the railroad ties with a tamping pick.
His Honor sustained defendant's motion to nonsuit and dismissed the action. Plaintiff appealed.