There is no evidence tending to show that the boister saddle was defective or that it was not an appliance approved and in general use or in any particular an unsafe appliance; neither was there evidence that any negligent order had been given with respect to the operation thereof.
The evidence does not disclose whether the boister saddle fell or whether the plaintiff fell out of the saddle. Plaintiff testified that his fellow-servant, Lawrence, did not have hold of the rope “when I looked down to ask him to let me down. He was standing close to the rope, but he did not have his hands on it.” The evidence discloses the injury and no more. It has been consistently held by this Court that the mere fact of injury is in itself ordinarily no evidence of negligence. Fore v. Geary, 191 N. C., 90, 131 S. E., 387; Burke v. Carolina Coach Co., ante, 8.
The facts presented bring the case squarely within the principle declared in Michaux v. Lassiter, 188 N. C., 132, 123 S. E., 310. The Court said: “Considering the record in view of these authorities and the principles they approve and establish, there has, as stated, been no breach of duty shown on the part of defendant company, the proof and admissions showing that the machine was of standard make, newly purchased and installed, and as a mechanical proposition, operating properly at the time. Nor is there anywhere evidence of default in reference to selecting the operator, and on the facts offered by the plaintiff the injury is necessarily attributable and attributable only to an exceptionally negligent act of the operator of the machine, who either failed to fasten the pan or released it in breach of his duty to his fellows. There is no testimony or suggestion that the operator had any authority over the intestate, or tending to show that he stood towards the latter in the place of his principal, being only a fellow-servant. The injury was due solely to his default, and the court has correctly ruled that no cause of action has been shown.”
A careful scrutiny of the record leads us to the conclusion that the judgment of nonsuit was properly entered.
Affirmed.