#### FRED SANDLIN, by His Next Friend, R. K. SANDLIN, v. HENRY JARMAN.

(Filed 24 November, 1937.)

Appeal by plaintiff from Sinclair, J., at April Term, 1937, of Onslow.

Civil action to recover damages alleged 'to have been caused by tbe negligence of tbe defendant wben tbe automobile driven by plaintiff collided witb defendant’s truck, wbicb was standing on tbe highway in tbe nighttime, without lights, and in violation of law.

Upon denial of liability and issues joined, tbe jury answered tbe issue of negligence in favor of tbe defendant.

From judgment on tbe verdict, plaintiff appeals, assigning errors.

*834 J. A. J ones and Wallace & White for plaintiff, appellant.

SummersiTl ■& Summersill for defendant, appellee.

Per Curiam.

Upon a controverted issue of fact, tbe jury has responded in favor of tbe defendant. Tbe court’s charge to tbe jury is challenged in several particulars, but none of tbe exceptions are regarded of sufficient moment-to work a new trial. No new question of law is presented by any of tbe assignments of error. Tbe verdict and judgment will be upheld.

No error.