
    A. J. PHILLIPS v. GULF REFINING COMPANY et al.
    (Filed 7 April, 1937.)
    Appeal by plaintiff from Sinclair, J., at December Term, 1936, of CARTERET.
    Civil action to recover damages for an alleged negligent injury.
    Tbe record discloses that on 9 June, 1933, about tbe bour of 9 :00 p.m., tbe plaintiff, while trying to bertb a boat in tbe defendant’s dock at Morebead City, fell from tbe pier and was seriously injured when bis arm struck a protruding nail wbicb bad been driven into tbe side of one of tbe piling, about 8 or 10 inches from tbe top of tbe deck. Tbe plaintiff was using tbe defendant’s dock, after business hours, for bis own convenience. He was neither an employee of tbe defendant nor engaged in any work for tbe defendant.
    From a judgment of nonsuit entered at tbe close of plaintiff’s evidence, be appeals, assigning errors.
    
      Ward ■& Ward for plaintiff, appellant.
    
    
      Moore & Moore for defendants, appellees.
    
   Pee Cubiam.

It is not perceived upon what theory tbe defendant can be held liable for plaintiff’s injury, unfortunate and distressing as it may have been. Tbe judgment of nonsuit seems to be correct.

Affirmed.  