(Filed 13 December, 1911.)
Negligence — Action—Evidence—Nonsuit.
When it appears that an injury, tbe subject of an action for damages, was tbe result of an accident concerning wbicb tbe evidence fails to account, a judgment of nonsuit is proper.
Appeal from Long, J., at July Term, 1911, of MoDowell.
Civil action for personal injury. The action' was brought 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.
Pless <& Wihborne for plaintiff.
Hudgings & Watson, A. Hall Johnston, and J. Norment Powell for defendant.
Pee Cueiam.
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.