Edward Douglass White

“ Coming to consider the proposition that although the case be governed by the employers' liability act error was nevertheless committed in sustaining the action of the trial court in refusing to give the requested instruction, we think that even if, for the sake of the argument, it be assumed that the proof brought the case within the principle of comparative negligence established by the employers' liability act, the correctness of the ruling of the court below is clearly made manifest by the reasoning given by the court for its conclusion. ”

“ There was some proof tending to show that the switchman stepped in before the moving cars had entirely stopped, and some that he gave a signal to come ahead as he stepped in; but there was evidence tending to show to the contrary, and to support the inference that the act of the engineer in moving up was the result of a signal with a lantern, for it was dark, mistakenly given by some other employee in the vicinity, or a mistake of the engineer in misconceiving the movement of a lantern in the hands of some of those who were standing around. ”

“ Rep. 840, 3 N. C. C. A. 826, we are of the opinion that we need do no more than say that after a careful examination of the subject, we are of the opinion that no reversible error was committed by the court below, and its judgment is therefore affirmed. ”