#### D. C. McCOTTER v. NORFOLK SOUTHERN RAILROAD CO.

(Filed 30 September, 1925.)

Appeal by plaintiff from Barnhill, J., at May Term, 1925, of Pamlico.

Civil action tried upon tbe following issue:

“Did tbe defendant negligently fail to furnish car fit and suitable for .the transportation of tbe potatoes shipped by plaintiff as alleged in tbe complaint? Answer: No.”

From a judgment on tbe verdict in favor of defendant, tbe plaintiff appeals, assigning errors.

Z. V. Rawls for plaintiff.

Moore & Dunn for defendant.

Pee Cueiam.

Tbe evidence is conflicting on tbe main issue of liability; it is solely a question of fact; tbe jury has determined tbe matter against tbe plaintiff; there is no reversible error appearing on tbe record; tbe exceptions relating to tbe exclusion of evidence, and tbe one to tbe charge, must be resolved in favor of tbe validity of tbe trial; tbe verdict and judgment will be upheld.

No error.