
    MATTIE SHERLIN, Administratix of the Estate of C. C. SHERLIN, Deceased, v. SOUTHERN RAILWAY COMPANY and W. H. McLAIN.
    (Filed 25 September, 1940.)
    Appeal by plaintiff from Warlich, J., at January Term, 1940, of BuNCOmbe.
    Affirmed.
    
      W. Harold Sams for plaintiff, appellant.
    
    
      W. T. Joyner and Jones, Ward & Jones for defendants, appellees.
    
   Per Cubiam.

Plaintiff instituted her action in the general county court of Buncombe County for damages for the wrongful death of her intestate alleged to have been caused by the negligence of the defendants. At tbe close of plaintiff’s evidence motion for judgment of nonsuit was allowed and tbe action dismissed. Upon appeal to tbe Superior Court, tbe rulings of tbe county court were affirmed, and plaintiff appealed to tbis Court.

Tbis case was bere at Fall' Term, 1938, and is reported in 214 N. C., 222, 198 S. E., 640, where tbe facts are stated. It was there held that upon tbe evidence then presented judgment of nonsuit was properly entered.

From an examination of tbe record in tbe present action, it appears that tbe plaintiff’s evidence is substantially tbe same as in tbe former case, and that there is no new element to take it out of tbe rule therein laid down.

Tbe judgment below is

Affirmed.  