#### EARL THOMAS, by His Next Friend, E. G. McCULLOUGH, v. THE GREAT ATLANTIC AND PACIFIC TEA COMPANY.

(Filed 23 April, 1930.)

Appeal by plaintiff from Clement, J., at October Term, 1929, of Stanly.

Civil action by plaintiff, clerk in the defendant’s grocery store, to recover for an injury sustained on 6 April, 1928, while he was cutting a piece of cheese for a customer with a dull, long-bladed and short-handled knife, which slipped and caused him to cut his finger' — later becoming *823infected — said knife having been used by plaintiff for the same purpose for about six months.

From a judgment of nonsuit entered at the close of plaintiff’s evidence the plaintiff appeals, assigning errors.

O. J. Sikes .a,nd G. Hobart Morton for plaintiff.

1. B. Burleyson for defendant.

Per Curiam.

We perceive no valid reason for disturbing the judgment of nonsuit. The principles and authorities applicable and pertinent are discussed in Gaither v. Clement, 183 N. C., 450, 111 S. E., 782, and Wright v. Thompson, 171 N. C., 88, 87 S. E., 963.

Affirmed.