Hawkins v. Rowland Lumber Co.

Pee Cukiam. The defendant at the close of plaintiff’s evidence and at the close of all the evidence made motions for judgment as in case of nonsuit, under C. S., 567. The court below overruled the motions, and in this we see no error. Defendant also requested certain prayers for instruction; the court below refused these, and in this we think the court correct. *476 Tbe charge of tbe court below is not in tbe record. Tbe presumption is tbat tbe court below charged tbe law applicable to tbe facts. As to negligence in not giving signals, see Farr v. Power Co., ante, p. 247. Tbe defendant was a logging road and tbe fellow-servant doctrine has no application — contributory negligence no bar, but mitigates damages. See C. S., 160, 3465, 3467, 3470; Stewart v. Blackwood Lumber Co., 193 N. C., 138; Brooks v. Suncrest Lumber Co., 194 N. C., 141. We think tbe case in many respects similar to Lilley v. Cooperage Co., 194 N. C., 250. We find No error.