#### DANIEL PAGE v. JAMES SPRUNT et al.

(Filed 22 October, 1913.)

Negligence — Fellow-servant—Master and Servant.

Held, in this action to recover damages for personal injury, if there was evidence of negligence it was that of a fellow-servant, for which no recovery could be had.

*365Appeal by plaintiff from Justice, J., at May Term, 1913, of New Haeovee.

Tbis is an action to recover damages for personal injuries caused, as tbe plaintiff alleges, by the negligence of tbe defendant. At tbe conclusion of tbe evidence, judgment of nonsuit was entered upon- motion of tbe defendant, and tbe plaintiff excepted and appealed.

Bicaud & J ones and E. K. Bryan for plaintiff.

J. 0. Garr for defendant.

Per Curiam.

Upon an examination of tbe evidence, it is doubtful if there is any evidence of negligence; but if there is, it is the .negligence of a fellow-servant, for which tbe defendant is not responsible. Tbe judgment of tbe court is

Affirmed.