Weatherman v. R. J. Reynolds Tobacco Co.

Per Curiam. The judgment of the Forsyth County Court, dismissing this action, at the close of the evidence, as upon nonsuit, is supported by the decision of this Court in Owenby v. Power Co., 194 N. C., 129, 138 S. E., 529. The evidence did not tend to show any facts upon which defendant could be held liable to plaintiff for damages resulting from his injuries. In the absence of evidence tending to show that plaintiff was injured by the negligence of defendant, as alleged in the complaint, the action was properly dismissed by the Forsyth County Court. There is no error in the judgment of the Superior Court, affirming the judgment of the County Court. The judgment is Affirmed. Stacy, C. J., not sitting.