#### L. J. WINSTEAD v. NORFOLK SOUTHERN RAILWAY COMPANY.

(Filed 13 March, 1912.)

Appeal and Error.

Upon the errors assigned in the case, Held, no reversible error was committed in the trial court.

Appeal from Peebles, J., at June Term, 1911, of LeNoir.

Civil action to recover damages to a lot of tobacco shipped by tbe plaintiff from Eicblands, N. 0., to Eocky Mount, N. 0. These issues were submitted:

1. Was tbe plaintiff tbe owner of tbe tobacco in controversy, as alleged in tbe complaint? Answer: Yes.

2. If so, was tbe said tobacco damaged by tbe negligence of tbe defendant, tbe Goldsboro Lumber Company? Answer: No.

3. If so, was tbe said tobacco damaged by tbe negligence of tbe defendant, Atlantic Coast Line Eailroad Company? Answer: No.

*5924. If so, was tbe said tobacco damaged by the negligence of the defendant, Norfolk Southern Railway Company? Answer: Yes.

5. If so, what damages, if any, is the plaintiff entitled to recover ? Answer: One hundred and twenty dollars, with interest from 9 September, 1908, to 12 June, 1911.

From the judgment rendered, the defendant, the Norfolk Southern Railway Company, appealed.

Loftin & Dawson for plaintiff.

Bouse .& Land for defendants.

Per Curiam:.

"We have examined the fourteen assignments of error in the record of this ease, and are of the opinion that his Honor committed no substantial error in submitting the case involved to the jury. We think his Honor followed the well-settled decisions of this Court. We are of opinion that no reversible error has been committed which would warrant us in directing a new trial.

No error.