The major and only material assignment o£ error on

the part of defendant, was the refusal of the court below, on motion by defendant, to dismiss the action or judgment as in- case of nonsuit. C. S., 567. We think the court below gave the contentions of both parties fairly and clearly, and accurately charged the-law applicable to the facts. This case is governed by a case on “all fours” — Murdock v. R. R., 159 N. C., 131. There is

No error.