Opinion
No. 15,568.
Decided May 19, 1947. Rehearing denied July 7, 1947.
An action for damages for personal injuries. Judgment for plaintiff.
Affirmed.
1. APPEAL AND ERROR — Divided Court. One justice not participating, and the others being evenly divided as to what disposition should be made of the case, the judgment is affirmed by operation of law.
Error to the District Court of Weld County, Hon. George H. Bradfield, Judge.
Mr. EDWARD L. WOOD, for plaintiff in error.
Mr. ALDEN T. HILL, Mr. LLOYD E. WILLIAMS, for defendant in error.
Mr. Justice Stone did not participate in the hearing or in the consideration of this cause. Mr. Justice Jackson, Mr. Justice Hays, and Mr. Justice Alter are of the opinion that the judgment should be affirmed, whereas Mr. Chief Justice Burke, Mr. Justice Hilliard and Mr. Justice Luxford are of the opinion that it should be reversed. The judgment must therefore be affirmed by operation of law because of an equally divided court, and no good purpose would be served by a statement of the issues or the reasons for the conclusion of the several members of the court. Rule 118 (f), R.C.P. Colo.
Judgment affirmed.