#### MRS. JOHN THOMAS JOHNSTON et al. v. HALIFAX PAPER COMPANY et al.

(Filed 12 October, 1938.)

Appeal and Error § 38—

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

Appeal by defendants from Parker, J., at August Term, 1938, of Halifax.

Proceeding under Workmen’s Compensation Act to determine liability of defendants to next^of kin of John Tbomas Jobnston, deceased employee.

Tbe Industrial Commission overruled tbe trial Commissioner and awarded compensation. Tbis was affirmed on appeal to tbe Superior Court.

*829Defendants appeal, assigning as error tbe insufficiency of tbe evidence to support tbe award.

Gold, McAnally & Gold and Long & Grew for plaintiffs, appellees.

Sapp & Sapp for defendants, appellants.

Per Curiam.

One member of tbe Court, Schenclc, J., not sitting, and tbe remaining six being equally divided in opinion as to tbe sufficiency of tbe evidence to support tbe award, tbe judgment of tbe Superior Court is affirmed in accordance witb tbe usual practice in sucb cases, and stands as tbe decision in tbe present case, without becoming a precedent. Cole v. R. R., 211 N. C., 591, 191 S. E., 353.

Affirmed.