#### BILLY FRANKLIN RUSSELL v. HAZEL WHITE.

(Filed 30 October 1963.)

Appeal by plaintiff from Gambill, J., April Civil Session 1963 of DAVIDSON.

This is a civil action .instituted by the plaintiff to recover damages for property loss and personal injuries alleged to- have been caused by the negligent acts of the defendant’s eon while -operating a family purpose -automobile.

The collision occurred on 6 February 1962 about 8:50 -a.m. at the intersection of Oo-x Avenue and Burton Streets in the City -of Tho-m-asville, North Carolina. The plaintiff was traveling east -on Burton Street and the defendant’s -son was driving her oar north on Oo-x Avenue. Defendant’s .son entered -the intersection on -plaintiff’s right.

The defendant answered -and -denied negligence, pleaded contributory negligence, -and set up -a counterclaim against the plaintiff for certain medical expenses incurred by passengers in the defendant’s automobile and for property -damages to her automobile.

At .the -close of plaintiff’s evidence the court .allowed defendant’s motion for judgment-as-of nonsuit and proceeded to hear the defendant’s evidence on the counterclaim.

*433The jury returned ,a verdict in -favor of the -defendant, -and from the judgment entered on the verdict the plaintiff appeals, assigning error.

Wilson & Saintsing for plaintiff appellant.

Deal, Hutchins & Minor for defendant appellee.

PeR Cueiam.

The sole assignment of error is to- the ruling -off the cou-rt below in sustaining -the -defendant’s motion for judgment as of nonsuit -at the close of plaintiff’s evidence.

A -careful review o-f the evidence leads us to the conclusion that the ruling of the court below was proper and -should be sustained.

Affirmed.