Jenkins v. Suncrest Lumber Co.

Stacy, J. This case comes from tbe Twentieth Judicial District and was called for argument last week after tbe death of Chief Justice Clark. Two members of tbe Court think that a new trial should be awarded, while tbe other two held a contrary view. Thus the Court is evenly divided in opinion. Following tbe uniform practice of appellate courts in such cases, tbe judgment of tbe lower court is affirmed and stands, not as a precedent, but as tbe decision in this case. Durham v. R. R., 113 N. C., 240, and cases there cited. No error.