after stating the case: We have carefully considered the case presented in the. record, and are of opinion that no actionable wrong has been established against defendant company. In several recent decisions of the Court it has been held that, while an employer is required, in the exercise of ordinary care, to provide for his employee a reasonably safe place to work, and furnish him with tools and appliances safe and suitable for the work in which he is engaged, the principle is chiefly insistent in case of “machinery more or less complicated, and more especially when driven by mechanical power,” and does not always apply to “the use of ordinary everyday tools, nor to ordinary everyday conditions requiring no special care, preparation or prevision, where the defects are readily observable, and where there was no good reason to suppose that the injury complained of would result.” House v. R. R., 152 N. C., p. 397; Mercer v. R. R., 154 N. C., p. 399; Simpson v. R. R., 154 N. C., p. 51; Rumbley v. R. R., 153 N. C., p. 457; Brookshire v. Electric Co., 152 N. C., p. 669; Dunn v. R. R., 151 N. C., p. 313; Martin v. Manufacturing Co., 128 N. C., p. 264.
In the present case there was nothing specially complicated or threatening in the work that these employees were given to do: the taking out the sides and making the indicated repairs to an ordinary box car, stationary and in proper position on the repair track. True, the ear had been inspected by another employee of the company, one J. Gr. Armstrong, but this was with a view of ascertaining the extent of the repairs required and the amount of work to be done by the company, and there is nothing in the testimony or attendant circumstances which shows or tends to show that the examination had any reference or natu*652ral connection with the safety of employees to be engaged in the work. On the contrary, it appears that the inspector, having given directions that the top of the car should be removed and a sill spliced on one side and entirely removed on the other because it was rotten, plaintiff and another, two experienced men who had done much work of this character, were sent to make the needed repairs. They were left entirely to their own methods and were in much better position to ascertain the true condition of the car than any one connected with it. See Lane v. R. R., 154 N. C., p. 91; and White v. Power Co., 151 N. C., p. 356. In confirmation of this view, we find from the evidence that McDaniel, plaintiff’s associate, having ascertained, in the progress of the work, that the -ends •of the car were also rotten, notified the inspector of that fact, and was directed to remove the ends, which was done. And so, in reference to. the debris or rubbish lying near and around the car, and on which the plaintiff was sitting when he was injured, there is nothing in the evidence to show that its presence or absence would naturally increase the danger or was likely to cause an injury in case the work was done in a proper way and with reasonable care.
True, there was a gang of hands there, charged with the duty of removing rubbish, but this was with the general purpose of keeping the yard clear, and was usually done when the job was completed, and there is nothing to show that the duty of removing the rubbish had any tendency to increase or diminish the ordinary hazard of the work when properly done. Accordingly, we find that when McDaniel told the foreman of the said gang, on Tuesday at midday, to remove the rubbish, he gave as his reason that they needed a place to prepare the new sill. It was not at all with any view of making the work any more safe. If this rubbish had been removed, the plaintiff would have been then necessarily bent over doing his work, and there is evidence to show that in all probability he would have been injured whether the rubbish had been removed or not. But we are not condemning the conduct of plaintiff as tending to establish the fact of contributory negligence on his part. In that casé, the question under our present statute, Laws 1913, ch. 6, is only significant on the issue of damages, but, under the authorities •cited, we must hold that the case is properly made to rest on the proposition that, in the ease of a box car, stationary on the yard, with two •experienced and capable workmen sent to repair it, as indicated in the testimony, these employees being left entirely to their own methods of doing the work and with present power to call for any help that might be required, there was nothing to show that any injury to these men or either of them was likely to occur, and, therefore, no breach of legal duty on the part of the company that could be fairly considered as the proximate cause of plaintiff’s hurt.
*653The ease in our reports more nearly resembling the one we are considering is that of Rumbley v. R. R., supra. In Bumbley’s case the facts apposite and the decision thereon are stated in the opinion of the Court as follows: “We fail to perceive any ground upon which this recovery can be sustained. The evidence tended to show that on 23 June, 1908, plaintiff and another carpenter were directed to tear down an old shed, near the Salisbury depot, and had been engaged on the work several days, and on the day in question they were knocking the rafters loose and standing on one of the joists of the shed, which were placed horizontally beneath, at intervals of two or three feet. While plaintiff was standing on one of these joists, knocking loose the rafters above, it gave way and fell to the ground, causing the injury complained of. The cause of the joist giving way is not very definitely described, but it seems to have been very insecurely fastened at the ends. The work that plaintiff was given to do was simple in operation, well within his experience and training, and he was left to select his own methods of doing it. On the facts in evidence, there has been no breach of legal duty established on the part of defendant company, and under several recent decisions of this Court the motion for nonsuit should have been allowed. House v. R. R., 152 N. C., p. 398; Brookshire v. Electric Co., 152 N. C., p. 669; Dunn v. R. R., 151 N. C., p. 313.”
We regard this case and the principle upon which it rests as decisive of the present appeal, and are of opinion that the motion for nonsuit should have been allowed.
Eeversed.
PLAINTIFF’S APPEAL.
In this case, the court below, being of opinion that there was no negligence imputable to the company in reference to the conduct of the inspector, Armstrong, made several rulings in furtherance of that position, to which plaintiff excepted and appealed from the judgment as rendered. Having held, on defendant’s appeal, that plaintiff was not entitled to recover in any aspect of the testimony, the specified rulings-of his Honor adverse to plaintiff have become immaterial, and the judgment is, therefore, affirmed.
No error.