#### Nicholas Umfleet, appellant, v. Thomas Seed, appellee.

Action for personal injuries received when plaintiff was struck by an automobile driven by defendant. Judgment for defendant. Appeal from the Circuit Court of Lawrence eounty; the Hon. J. C. Eagleton, Judge, presiding. Heard in this court at the October term, 1921.

Affirmed.

Opinion filed March 24, 1922.

Sumner & Lewis, for appellant. Philip W. Barnes and George W. Lackey, for appellee.

Mr. Justice Boggs

delivered the opinion of the court.