(Filed 27 November, 1940.)
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 plaintiff from Johnston, Special Judge, at September Term, 1940, of MecbileNbueg.
*783Action for damages for personal injuries alleged to bave been caused by tbe negligence of defendants. Defendants demurred on tbe ground that tbe complaint did not state facts sufficient to constitute a cause of action. From judgment sustaining tbe demurrer, plaintiff appealed.
G. T. Carswell and Joe W. Ervin for plaintiff, appellant.
J. Laurence Jones and Stewart & Moore for defendant, appellee.
Peb Cubiam.
One member of tbe Court, Winborne, J., not sitting, and tbe remaining six being evenly divided in opinion, tbe judgment of tbe Superior Court is affirmed in accord witb tbe usual practice in sucb cases, and stands as tbe decision in tbis case without becoming a precedent. Howard v. Coach Co., 216 N. C., 799.
Affirmed.