
    J. T. NEEDHAM v. SOUTHERN RAILWAY COMPANY.
    (Filed 19 April, 1916.)
    1. Carriers of Passengers — -Mixed Trains — Assumption of Risk.
    The rule of the risks assumed by a passenger on a mixed freight and passenger train, as laid down in Mcurable v. R. R., 142 N. C., 563, is approved.
    2. Appeal and Error — Objections and Exceptions — Assignments of Error.
    Matters discussed in briefs filed in the Supreme Court, without exception noted of record or assignment of error, will not be considered.
    Appeal by defendant from Cline, J., at August Term, 1915, of Surry.
    This is an action by tbe plaintiff, who was a passenger upon a mixed train, to recover damages for personal injury sustained, as be alleges, by tbe negligence of tbe defendant in causing a sudden movement of tbe train.
    Tbe jury answered tbe issue as to negligence in favor of tbe defendant, and from tbe judgment rendered thereon tbe plaintiff appealed.
    
      O. B. Snow, J. C. Buxton, and B. G. Barloes for plaintiff.
    
    
      W. F. Carter and Manly, Hendren & Womble for defendant.
    
   Per Curiam.

The instructions to tbe jury, excepted to by tbe plaintiff, as to tbe risks assumed by a passenger upon a mixed train, are in accordance with, tbe principles laid down in Marable v. R. R., 142 N. C., 563, and in many other cases.

Tbe question discussed in tbe brief as to tbe correctness of tbe charge upon tbe burden of proof as to negligence is not presented by' any exception or assignment of error, and therefore cannot be considered.

Tbe correct rule in regard thereto is stated in Barnes v. R. R., 168 N. C., 667.

No error.  