(Filed 20 December, 1923.)
Appeal by defendant from Bryson, J., at September Term, 1923, of Haywood.
Civil action, tried upon tbe following issues:
“1. Was tbe plaintiff injured by tbe negligence of tbe defendants, as alleged in tbe complaint? Answer: ‘Yes.’
“2. Did tbe plaintiff, by bis own negligence, contribute to bis own injury, as alleged in tbe answer? Answer: ‘No.’
“3. What damage, if any, is tbe plaintiff entitled to recover? Answer : ‘$7,500.’ ”
From a judgment on tbe verdict in favor of plaintiff, tbe defendant appealed.
Morgan & Ward for plaintiff.
Alley & Alley for defendants.
The only material exception presented in this case is one directed to tbe court’s charge on tbe measure of damages. Tbe instruction here complained of is substantially tbe same instruction as tbat given on tbe issue of damages in Murphy v. Lumber Co., ante, 746, just decided, and which was there tbe subject of exception. Tbe present case is controlled by what we said in the Murphy case.
No error.