(Filed 19 April, 1916.)
Trials — Negligence—Evidence—Nonsuit.
An employee at defendant’s quarry was killed by a sbed, under which he had sought shelter from a violent wind and rain storm, having blown down upon him. Held, a motion of nonsuit was properly granted, under the evidence.
*759ActioN tried at June Special Term, 1915, of Sueey, before Shaw, J., for tbe alleged negligent killing of plaintiff’s intestate, an employee of defendant at its quarry.
A motion to nonsuit at close of tbe evidence was sustained. Plaintiff appealed.
Folger & Folger for plaintiff.
S. P. Graves, W. F. Garter for defendant.
Tbe plaintiff’s intestate was killed by tbe blowing down of a sbed of defendant in a violent wind and rain storm. Tbe deceased was a workman of defendant engaged at its quarry, and ran under tbe sbed for shelter. Tbe only assignment of error noted in tbe appellant’s brief is directed to tbe nonsuit.
Upon an examination of tbe record, we are of opinion tbat there is no sufficient evidence of negligence, and tbat tbe motion was properly sustained.
Affirmed.