#### A. B. McCARTER v. ATLANTA AND CHARLOTTE AIR LINE RAILWAY COMPANY and THE SOUTHERN RAILWAY COMPANY.

(Filed 31 May, 1924.)

Appeal and Error — Precedent—Divided Court.

When tlie Supreme Court is equally divided on appeal; tlie judgment of the lower court will be affirmed without establishing a precedent.

Appeal by plaintiff from Staclc, J., at March Term, 1924, of GastON.

Civil action to recover damages for an alleged negligent injury sustained by tbe plaintiff while in tbe discharge of bis duties as an employee of tbe defendant Southern Eailway Company.

From a judgment of nonsuit entered at tbe close of plaintiff’s evidence, plaintiff appeals.

Mangum &• Denny for plaintiff.

Oscar F. Mason and George B. Mason for defendant.

*864Stacy, J.

Tbe Court being evenly divided in opinion — tbe death of Chief Justice Ciarle leaving only four members present — the judgment of tbe lower court is affirmed, and stands as tbe decision in this case without becoming a precedent. Miller v. Bank, 176 N. C., 152; Durham v. R. R., 113 N. C., 240.

Affirmed.