This is an action to' recover damages for injuries sustained by the negligence of the defendant. The defendant offered no evidence, and, at the close of the plain*284tiff’s evidence, moved to nonsuit tbe plaintiff. Tbe Court refused this motion, and submitted tbe following issues to the jury:
“1. Was tbe plaintiff injured by tbe negligence of tbe defendant ?
“2. Wbat damage, if any, is plaintiff entitled to recover ?” Tbe first issue was answered “Yes” and tbe second issue “$2,000.” After tbe verdict was returned, on motion of tbe defendant, tbe Court set aside tbe verdict of tbe jury on tbe first issue, as being against tbe weight of tbe evidence; but refused to set aside tbe verdict on tbe second issue, and awarded tbe defendant a new trial as to tbe first issue, Tbe plaintiff being dissatisfied with tbe ruling of tbe Court in setting aside tbe verdict on tbe first issue, appealed to this Court.
After a careful examination of tbe evidence, we are of tbe opinion that tbe defendant’s motion, at tbe close of tbe plaintiff’s evidence, to nonsuit tbe plaintiff, should have been allowed. There is no evidence, in our opinion, showing negligence on tbe part of tbe defendant. But as tbe defendant did not appeal, it can not have tbe benefit of this motion. And while tbe order of tbe Court in setting aside tbe verdict on tbe first issue, which destroyed tbe plaintiff’s right to any judgment, it is singular that tbe finding on tbe second issue was allowed to stand. But as we do not think tbe plaintiff waS' entitled to any judgment against tbe defendant, we can not say that there was error in setting aside the finding of tbe jury on tbe first issue. And that is all that is presented by this appeal, and there is no error in that part of tbe judgment appealed from. No error presented by tbe case on appeal.
No Error.