#### JOHN FRANCIS FOSTER v. CAROLINA POWER & LIGHT COMPANY (Original Party Defendant) and M. B. HAYNES and COAL OPERATORS CASUALTY COMPANY (Additional Parties Defendant).

(Filed 21 September, 1949.)

Appeal by plaintiff and defendant Carolina Power & Light Company from Moore, J., at January Term, 1949, of Haywood.

Smith, Leach & Anderson; Jones ■& Ward and John G. Joyner for plaintiff.

It. F. Phillips; Robinson & Morgan and A. Y. Arledge for Carolina Power é Light Company.

J. W. Haynes for M. B. Haynes.

Smith, Leach & Anderson for Coal Operators Casualty Company.

Per Curiam.

Tbis is a civil action to recover for personal injuries. Tbe legal questions involved in tbis appeal are identical with those in tbe case of Eledge, Administratrix, v. Carolina Power & Light Company, ante, 584, and tbe .ruling of tbe court below is upheld for tbe reasons stated therein.

Plaintiff’s appeal — Affirmed.

Defendant’s appeal — Affirmed.