McLean v. Andrews Hardwood Co.

At tbe close of plaintiff’s evidence and at tbe close of all tbe evidence, defendants made motions in tbe court below for judgment as in case of nonsuit. C. S., 567. Tbe motions of defendants were denied, and in tbis we think there was error.

Tbe evidence was to tbe effect that defendant, in connection with its mills operated a logging road. In tbis jurisdiction narrow-gauge logging road held “railroad,” within statute, as to employee’s contributory negligence. Stewart v. Blackwood Lamber Co., 193 N. C., 138. Contributory negligence is no bar to recovery, but mitigates, or diminishes, damages.…