(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.
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.