#### ELLEN BRASWELL v. TOWN OF WILSON.

(Filed 13 October, 1937.)

Appeal and Error § 38—

Where tbe Supreme Court is evenly divided in opinion, one Justice not sitting, tbe judgment of tbe lower court will be affirmed without becoming a precedent.

Appeal by defendant from Frizzelle, J., at June Term, 1937, .of "WilsoN.

Affirmed.

Tbis is an action by tbe plaintiff against tbe defendant to recover damages for personal injuries alleged to have been caused by tbe negligence of tbe defendant in wbicb tbe defendant denied its negligence and entered tbe alternative plea of contributory negligence in bar of recovery. Tbe issues of negligence, contributory negligence, and damage were answered in favor of tbe plaintiff and from judgment on tbe verdict tbe defendant appealed, assigning errors.

T. T. Thorne for plaintiff, appellee.

Finch, Rand & Finch and W. A. Lucas for defendant, appellant.

Pee Curiam.

Tbe Court being evenly divided in opinion, Barnhill, J., not sitting, tbe judgment of tbe Superior Court is affirmed and stands as tbe decision of tbis action without becoming a precedent. Nebel v. Nebel, 201 N. C., 840; McMahan v. Basinger, 211 N. C., 747.

Affirmed.