The charge of the court is not in the record, and it is therefore presumed that the trial judge correctly instructed the jury upon all phases of the evidence. The facts bring the case within the rules of liability heretofore declared in Perry v. Bottling Co., 196 N. C., 175, 145 S. E., 14, and Broom v. Bottling Co., 200 N. C., 55, 156 S. E., 152.

Affirmed.