Opinion
(Filed 6 May, 1942.)
Appeal and Error § 38 —
When the Supreme Court is evenly divided in opinion, one Justice not sitting, the judgment of the lower court will be affirmed without becoming a precedent.
APPEAL by defendant from Burgwyn, Special Judge, at 13 October, 1941, Extra Term, of MECKLENBURG. Affirmed.
B. F. Wellons and J. A. McRae for plaintiff, appellee.
Tillett Campbell for defendant, appellant.
The plaintiff sued for the recovery of damages for an injury alleged to have been sustained through the negligence of defendant in permitting a defect in the street to remain unrepaired and in a dangerous condition. The plaintiff recovered a verdict, and from the ensuing judgment the defendant appealed. Upon consideration of the appeal the Court was evenly divided — three to three — Justice Schenck not sitting. Therefore, the judgment of the court below stands affirmed, and this decision does not become a precedent. Smith v. Bottling Co., ante, 202, 19 S.E.2d 250; Adams v. Murphrey, ante, 165, 19 S.E.2d 250; Seay v. Ins. Co., 213 N.C. 660, 197 S.E. 151.
Affirmed.