Opinion
(Filed 23 November, 1932.)
Appeal and Error J d — Where Court is evenly divided judgment will be affirmed.
Where on appeal the Supreme Court is evenly divided in opinion, one Justice not sitting, the judgment will be affirmed without becoming a precedent.
APPEAL by plaintiff from Schenck, J., at February Special Term, 1932, of MECKLENBURG.
G. T. Carswell and Joe W. Ervin for plaintiff.
Cansler Cansler for defendant.
CLARKSON, J., not sitting.
Civil action to recover damages for alleged negligent injury.
There was a verdict and judgment for the defendant, from which the plaintiff appeals, assigning errors.
The Court being evenly divided in opinion, Clarkson, J., not sitting, the judgment of the Superior Court is affirmed and stands as the decision in this case without becoming a precedent. Nebel v. Nebel, 201 N.C. 840, 161 S.E. 223; Durham v. Lloyd, 200 N.C. 803, 157 S.E. 136; Gooch v. Tel. Co., 196 N.C. 823, 146 S.E. 803.
Affirmed.
CLARKSON, J., not sitting.