Supreme Court of North Carolina December 24, 1920 (Tatham v. Andrews Manufacturing Co.)

Hoke, J.

Considering only the testimony that makes in favor of plaintiff’s claim, the accepted position on a motion to nonsuit, there are

*629

facts in evidence tending to sbow tbat on or about 15 August, 1917, plaintiff’s intestate, as an employee of the manufacturing company, with others, was engaged in pinching a car loaded with lumber along the railr.