#### L. S. POE, Administrator of WALLACE I. POE, v. DURHAM PUBLIC SERVICE COMPANY and THOMAS C. FOSTER.

(Filed 10 November, 1926.)

Appeal by defendants from Devin, J., at March Term, 1926, of Dueham. Affirmed.

Action to recover damages for wrongful death. Upon tbe verdict, there was judgment tbat plaintiff recover of defendants the sum of $4,500, tbe amount assessed by tbe jury as damages which plaintiff was entitled to recover of defendants. From tbis judgment defendants appealed to the Supreme Court.

J. G. Lee and S. C. Brawley for plaintiff.

W. L. Foushee, Fuller, Beade & Fuller for defendants.

*820Pee Cueiam.

Tbe Court being evenly divided in opinion, with respect to tbe assignments of error upon tbis appeal, Brogden, J., having been of counsel for defendants, in tbis action, not sitting, tbe judgment of tbe Superior Court of Durham County is affirmed, and stands as tbe decision in tbis case without becoming a precedent. McCarter v. R. R., 187 N. C., 863.

Affirmed.