#### MARGARET HILL v. DUKE POWER COMPANY.

(Filed 31 May, 1939.)

Appeal by plaintiff from Hill, Special Judge, at September Term, 1938, of Guileokd.

Civil action by passenger on‘bus to recover damages for an alleged assault by defendant’s driver.

Tbe jury answered tbe issue of liability in favor of tbe defendant.

From judgment on tbe verdict, tbe plaintiff appeals, assigning as error tbe failure of tbe court to comply with C. S., 564, in charging tbe jury on tbe law of- tbe case.

George A. Younce and Adam Younce for plaintiff, appellant.

W. S. O’B. Robinson, Jr., and R. M. Robinson for defendant, appellee.

PeR Curiam.

On a controverted issue of fact, tbe jury bas responded in favor of tbe defendant. Tbe record is free from reversible error.

Tbe exception to tbe charge is not well taken. Rooks v. Bruce, 213 N. C., 58, 195 S. E., 26. It is not sustained.

Tbe verdict and judgment will be upheld.

No error.