#### D. J. LAMB v. J. W. BOYLES.

(Filed 7 November, 1928.)

Appeal by plaintiff from Stack, J., at May Term, 1928, of DavidsoN.

Affirmed.

Walser & Walser and Phillips & Bower for plaintiff.

Paper & Paper and H. R. Kyser for defendant.

Pee Cukiam:.

Pursuant to the decision in the former appeal the action was dismissed. Lamb v. Boyles, 192 N. C., 542. The plaintiff again brought suit and again there was a judgment of nonsuit. In all essential features the evidence in the two cases is substantially the same. The judgment is affirmed in accordance with the opinion cited above and with Perry v. Bottling Co., ante, 175.

Affirmed.