Opinion
No. 19,022.
Filed January 31, 1958.
APPEAL — Court Equally Divided — Affirming Judgment. — Where the court is equally divided on the question presented by the appeal and the cause not being subject to transfer to the Supreme Court for such failure of four judges to agree on a decision, the award is affirmed.
From the Industrial Board of Indiana.
Appellee, Melvin Thomas Maher, was granted an award of Workmen's Compensation and from that award appellant, Graver Tank Mfg. Co., Inc., takes this appeal.
Reporter's Note: This case appears out of chronological order and accompanies the opinion on the merits.
Affirmed. By the court in banc.
Fred F. Eichhorn, of Gary, for appellant.
Max Cohen, of Gary, for appellee.
The question presented by this appeal being one purely of fact and three judges of this court, being convinced that the award herein should be reversed and three judges being of the opinion that the said award should be affirmed and this cause not being subject to transfer to the Supreme Court for failure of four judges to agree on a decision the award herein is hereby affirmed.
NOTE. — Reported in 147 N.E.2d 598.