¥e agree with tbe trial court that while this may be a border-line case, the plaintiff has not successfully handled the laboring oar or fixed the defendant with liability. Smith v. Bus Co., 216 N. C., 22; Powers v. Sternberg, 213 N. C., 41, 195 S. E., 88.

The legal requirements in such a case are too well established to require further elaboration here. Smith v. Bus Co., supra.

Upon the record, the judgment will be upheld.

Affirmed.