McElwain, Appellant,
v.
Myers.

*347 Before DREW, C.J., STERN, STEARNE, JONES, BELL, LADNER and CHIDSEY, JJ.

*350 Samuel J. Feigus, with him Wade K. Newell, for appellant.

William B. Parshall, with him Henderson, Parshall & Crow, for appellee.

OPINION PER CURIAM, May 23, 1951:

A majority of the members of this Court who heard this case are of the opinion that the learned court below was correct in refusing to take off the nonsuit. The *351 judgment is therefore affirmed on the opinion of President Judge CARR for the court en banc.

Judgment affirmed.