If there is error in the trial of this action in the court below, we think it harmless. From the evidence appearing in the record, we do not think it sufficient to have been submitted to the jury to sustain a recovery for actionable negligence.

If error should be found and a new trial granted, it would not profit plaintiff. If a new trial was awarded no different result could follow. The entire testimony relevant to the issues was. before the court. Erom this evidence it is apparent that in no aspect of it could plaintiff recover. In such eases our decisions are to the effect that a new trial will not be granted. Bateman v. Lumber Co., 154 N. C., 248; Booth v. Hairston, 193 N. C., 278. For the reasons given, there is

No error.