#### JOHN P. BARBEE v. NORTH CAROLINA RAILROAD COMPANY.

(Filed 9 November, 1921.)

(Por digest, see Lane v. R. R., immediately preceding.)

Appeal by defendant frota Finley, J., at February Term, 1921, of. Guileokd.

Action to recover damages for an alleged negligent injury to plaintiff while performing the duties of a brakeman in the Pomona yards, near Greensboro, N. C., on the morning of 8 April, 1919.

John A. Barringer for plaintiff.

Wilson & Frazier for defendant.

*776Pee Cueiam.

Tbe question raised on this appeal, being identical with tbat presented in tbe case of Lane v. R. R., ante, 774, and for tbe reasons assigned in tbat case, tbe action will be dismissed without prejudice to tbe rights of tbe plaintiff to proceed hereafter against tbe Director General of Railroads.

Action dismissed.