(Filed 18 May, 1932.)
Appeal by plaintiff from Moore, J., at October Term, -1931, of Burice.
Civil action to recover damages for alleged breach of contract in removing spur track running .from defendant’s main line to plaintiff’s premises in the town of Morganton, brought under authority of Parrott v. R. R., 165 N. O., 295, 81 S. E., 348.
From a judgment of nonsuit entered at the close of plaintiff’s evidence, he appeals, assigning errors.
*852 Avery & Biddle and Mull & Patton for plaintiff.
Ervin & Ervin for defendant.
Per, Cubiam.
Tbe Court being evenly divided in opinion, Clarkson, J., taking no part in tbe consideration or decision of tbe ease, tbe judgment of tbe Superior Court stands affirmed in accordance witb tbe general practice of appellate courts, without becoming a precedent. Nebel v. Nebel, 201 N. C., 840; Durham, v. Lloyd, 200 N. C., 803, 157 S. E., 136.
Affirmed.