#### J. K. RAY v. MRS. A. D. ROSS.

(Filed 12 November, 1924.)

Appeal by plaintiff from Sinclair, J., at March Term, 1924, of Durham.

Brogden, Beade & Bryant for plaintiff.

B. H. Sylces for defendant.

Pee Cueiam.

This was an appeal from a judgment of nonsuit in the court below. From the evidence set out in the record, taken in a light most favorable to plaintiff, we think the case should have been submitted to a jury. The evidence excluded was competent.

¥e think the case is governed by the principle laid down in Taylor v. Lee, 187 N. C., p. 393.

For the reasons given, the judgment must be

Eeversed.