#### MRS. FRANK L. HALTIWANGER v. CHARLOTTE AMUSEMENT COMPANY T/A CAROLINA THEATRE.

(Filed 17 January 1964.)

Appeal -by plaintiff .from MacRae, S. J., 15 April 1963 Civil “B” Session of Mecklenburg.

C-ivil action 'by plaintiff, a paying patron of defendant’s theatre, to ■recover damages -f-or -personal injuries sustained by her when she fell in -descending -a ¡stairway from the second floor of the theatre where the rest room. was. She -alleges that -her fall and injuries' were proxinuately caused by defendant’s negligence in having the stairway inadequately lighted, in removing the carpet from the steps, and leaving ¡a raised wooden strip on the front edge of each step, and in maintaining a ¡fragile, -inadequate, and unstable railing along the -outer edge of the stains.

Each party offered evidence in support of the allegations in her or its pleading.

The trial court submitted to- .the jury the customary issues in such cases -oif negligence, contributory negligence, and damages. The jury answered the first issue, as to- whether plaintiff was injured by the -negligence of defendant as -alleged in the complaint, No.

*181From >a judgment that plaintiff recover nothing from defendant and taxing her with the costs, she appeals.

Barnes & Olive by W. Faison Barnes for plaintiff appellant.

Helms, Mulliss, McMillan & Johnston by E. Osborne Ayscue, Jr.., for defendant appellee.

Per Curiam.

Plaintiff’s sole assignment of error brought forward and set out in her -brief is the -failure of the court to- -comply with the provisions of G.S. 1-180. The'facts -are not -complicated. We have examined the charge in its entirety and sufficient prejudicial error has not (been made to appear therein to justify a new trial.

The verdict and judgment below will be upheld.

No error.