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WHITENER v. R. R
Supreme Court of North Carolina
Dec 1, 1911
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.
PER CURIAM.
Upon a review of the record in this case we are of opinion that his Honor correctly sustained the motion to nonsuit. House v. R. R., 152 N.C. 397, and cases cited; Dunn v. R. R., 151 N.C. 313. The injury was evidently the result of an accident, which the evidence fails to account for. Martin v. Manufacturing Co., 128 N.C. 264.
Affirmed.
(565)
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