Careful consideration of the fifty-eight assignments of error treated in the brief of appellant fails to show error for which the judgment below should be disturbed.

1. The first assignment, exception one, relates to action of the court in overruling objection to a question asked the foreman of boilermakers of defendant as to what the engineer’s report, which the witness did not make, showed. The record fails to show that the witness answered the question. Hence, any error in permitting the question is harmless.

2. The second and third assignments, covering exceptions 2 and 3, relate to testimony of the engineer as witness of defendant, to the effect that the engine pulling train No. 521 on day in question was equipped with a spark arrester in general use — of the type in general use by railroads. The grounds for objection are (1) that the witness was permitted to so testify without any basis for his knowledge as to other railroads, and (2) that the witness did not recollect what kind of train the defendant operated by the plaintiff’s land. As to the first, the answer *699 of tbe witness tends to show knowledge. And while in the second the witness showed some lack of recollection as indicated, later in his testimony it appears that from the record he turned in on 17 March the number of the train he drove on 16 March was No. 1035. Thus it is seen that the objections go more to the weight of the evidence, which is for the jury, than to the competency of it, which is a question of law for the court.

3. The fourth and fifth assignments, covering exceptions 4, 5 and 6, relate to admission of evidence bearing upon the issue of damages. Since the jury answered the issue as to liability of the defendant in the negative, and therefore the issue as to damages was not answered, error, if any, in admitting evidence in mitigation of damages is harmless. Allred v. Kirkman, 160 N. C., 392, 76 S. E., 244. See also Walker v. Walker, 151 N. C., 164, 65 S. E., 923; and Bird v. Lumber Co., 163 N. C., 162, 79 S. E., 448, where similar principles are applied.

4. Assignments 6 to 36, both inclusive, covering exceptions 7 to 37, both inclusive, are directed to the charge of the court in stating the evidence and in stating what is contended by the parties on their pleadings and on the evidence introduced. In this connection the record does not show that the attention of the court was called at the time to any error in this respect, or that any objection thereto was made at the time. It is a settled rule of practice in this State that “any substantial errors made by the court in the statement of the evidence or in the statement of the contentions of the parties, must be called to the attention of the court at the time they are made, in order to give an opportunity to make correction, and the failure to so call them to the court’s attention is a waiver of any right to object and except thereto on appeal,” headnote 7 in Mfg. Co. v. R. R., 222 N. C., 330, 23 S. E. (2d), 32.

Moreover, the record shows that the court, after stating various contentions of the parties, told the jury that if the court had left out any contention argued by counsel either for plaintiff or for defendant, or if other contentions arise in the minds of the jury from the evidence, the jury should consider same and give them the same consideration as those called to their attention by the court.

5. The next 13 assignments, Nos. 37 to 49, both inclusive, covering exceptions 38 to 50, both inclusive, are to the charge upon the law paragraph by paragraph as given by the court bearing on the second issue, that is, the issue as to negligence of defendant. Moreover, assignments 51 to 56, both inclusive, covering exceptions 52 to 57, both inclusive, are to the failure of the court to charge in specified aspects bearing on the second issue. While the charge as so given may be subject to some criticism, it is sufficient in substance when read contextually to cover the subject and to present the issue understandably, in accordance with *700 well settled principles applicable to such cases. See Williams v. R. R., 140 N. C., 623, 53 S. E.; 448; Currie v. R. R., 156 N. C., 419, 72 S. E., 488; Mfg. Co. v. R. R., supra, and numerous other cases.

6. Assignment No. 50, covering exception 51, relates to that portion of the charge in which the court stated to the jury that while this is the case- of a colored person against a railroad, each is entitled to the same rights under our law and to a fair and impartial trial- — that if the plaintiff be entitled to recover against the railroad he ought to recover, and if he is not entitled to recover in law and in fact, he ought not to recover. In this we see nothing objectionable.

7. Assignments 57 and 58, covering exceptions 58 and 59, are formal.

In the judgment below there is

No error.