There was evidence tending to show: (1) that the plaintiff in the discharge of contractual duties fell from the platform of defendant while thereupon for the purpose of attaching a mail sack to the crane provided for such purpose; (2) that the platform was defective in that the bolts were loose causing it to tilt, and that such defective condition had existed for a substantial period of time; (3) that the fall from the platform occasioned injury to the plaintiff; (4) that prior to the fall plaintiff was in good health, and subsequent thereto was never able to walk or work.
The only evidence tending to show that the plaintiff fell from the platform was his declaration when he was carried home. He lived several months after the declaration. There was uncontradicted evidence to the effect that his back was not injured. His declaration was ad-mitjed presumably upon the theory that it was a dying declaration. While the record shows that there was a motion to strike out the declaration and such motion was overruled, there is no assignment of error for such ruling, and, therefore, the same is not considered. See Howard v. Wright, 173 N. C., 339, 91 S. E., 1032.
The evidence, viewed with that liberality which the law requires upon motions of nonsuit, was sufficient to be submitted to the jury, and as a new trial will result, it is deemed inadvisable to discuss the various questions debated in the briefs.
Reversed.