It is now well-settled law that a mere scintilla of evidence of a material fact does not justify a judge in leaving it to the jury. Philadelphia & R. R. Co. v. Yerger, 73 Pa. 121, and cases there cited.

A careful examination of the evidence fails to disclose any substantial variance from that shown when the case was here before. South Easton v. Reinhart, 13 W. N. C. 389.

We see no reason to change the conclusion at which we then arrived.

Judgment affirmed.