#### FRANK BYERS v. W. P. ROSE.

(Filed 19 September, 1928.)

Appeal by plaintiff from Midyette, J., at May Term, 1928, of WlLSON.

Civil action to recover damages for injury to plaintiff’s eye, alleged to bave been caused by tbe negligence of tbe defendant in failing properly to provide a reasonably safe place, or to furnish tools and appliances reasonably suitable for tbe work in which plaintiff and another, Robert Jones, as employees of tbe defendant, were engaged at tbe time, *800to wit, in removing wooden casings from concrete posts on tbe third floor of the new 'Wilson County courthouse.

Bobert Jones was standing on a scaffold- driving a wedge between two of the plank casings, for the purpose of prizing them off, when the scaffold gave way, caused him to miss the wedge, or to foul it, and his hammer flew off and injured the plaintiff who was standing on the opposite side of the post. The record is silent as to whether the hammer belonged to. the defendant or Jones.

At the conclusion of all the evidence, upon motion of defendant, judgment of nonsuit was entered in the case, from which the plaintiff appeals, assigning error.

P. B. Hines, Lucas & Jennings and Troy T. Barnes for plaintiff.

Gale K. Burgess for defendant.

Per Curiam.

The plaintiff’s injury seems to have been the result of an unfortunate accident, or at least we have not been able, to discover any valid reason for disturbing the judgment of nonsuit on the record as presented.

Affirmed.