#### HORATIO ARRINGTON v. SUNCREST LUMBER COMPANY et al.

(Filed 9 January, 1929.)

Appeal by defendants from Harwood, Special Judge, at September Term, 1928, of Haywood.

Civil action to recover damages for an alleged negligent injury sustained by plaintiff while working as a “tong-booker” at a steam-loader operated by tbe defendant company, by wbicb logs were lifted from a pile called tbe “jack pot” and placed on railroad cars for. shipment.

Tbe evidence of tbe plaintiff is to tbe effect that tbe engineer in charge of tbe skidder disobeyed tbe signal given by plaintiff, and thus caused tbe log, being lifted, to move in an opposite direction from that expected or anticipated, and caught tbe plaintiff between two cars, breaking bis leg and otherwise injuring and bruising him.

Tbe usual issues of negligence, contributory negligence and damages were submitted to tbe jury and answered in favor of tbe plaintiff. From the judgment rendered thereon, tbe defendants appeal, assigning errors.

Morgan & Ward and M. G. Stamey for plaintiff.

Hollins & Smothers for defmdkmts.

PeR CuriaM.

Tbe right of tbe plaintiff to recover for injuries sustained, under circumstances such as those disclosed by tbe present record, is fully discussed in Cook v. Mfg. Co., 182 N. C., 205, 108 S. E., 730, and 183 N. C., 48, 110 S. E., 608.

Tbe case was properly submitted to tbe jury, and we have found no error on tbe record, save a discrepancy between tbe verdiet and tbe judgment as to tbe answer of tbe second issue, but wbicb is not deemed fatal to tbe validity of tbe trial.

No error.