Tbe action is against the defendant and not his wife who inflicted the injury. The plaintiff first sued on contract — defendant’s promise to pay damages — reported in 225 N. C., 690, 36 S. E. (2d), 227. She now sues in tort.

The evidence is wanting in sufficiency to carry the case to the jury. The injury is not one which the defendant could have reasonably foreseen or anticipated. Butner v. Spease, 217 N. C., 82, 6 S. E. (2d), 808. The judgment of nonsuit will be upheld.

Affirmed.