65 S.E. 1009 | N.C. | 1909
The facts are stated in the opinion of the Court.
The plaintiff alleges that he was injured while in the employ of the defendant, by defective machinery. The difficulty we encounter in deciding the case arises out of the failure of the appellant (the plaintiff) to ask for any special instructions upon the evidence, and the fact that the charge of the court is not before us. We have nothing but the process, pleadings, judgment and what purports to be a case on appeal, but which merely states the evidence in the cause. Judgment was given against the plaintiff, but it does not appear whether upon the pleadings or the evidence. There is no assignment of errors. The plaintiff, having been nonsuited, may sue again, if so advised, and he will not be estopped or barred by the judgment in this case (Tussey v. Owen,
Affirmed.
Cited: Pegram v. Hester,