Whitener v. . R. R.

| N.C. | Dec 13, 1911

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. 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" date_filed="1910-04-27" court="N.C." case_name="House v. Southern Railway Co.">152 N.C. 397, and cases cited; Dunn v. R. R., 151 N.C. 313" date_filed="1909-11-18" court="N.C." case_name="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" date_filed="1901-05-14" court="N.C." case_name="Martin v. Highland Park Mfg. Co.">128 N.C. 264.

Affirmed.

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