
    Jones, Appellant, v. McNichol Paving & Construction Company.
    
      Argued December 4, 1934.
    Before Frazer, C. J., Simpson, Kephart, Schaefer, Maxey, Drew and Linn, JJ.
    
      January 7, 1935:
    
      C. D. Swartz, of Swartz, Campbell & Henry, with him Raymond Pace Alexander, for appellant.
    
      Charles E. Kenworthy, with him Ralph B. Evans, for appellee.
   Per Curiam,

The judgment of the court below is affirmed on the opinion of Judge Stern.  