(Filed 4 March, 1942.)
Appeal and Error § 38—
When the Supreme Court is evenly divided in opinion, one Justice not sitting, the judgment of tbe lower court will be affirmed without becoming a precedent.
Appeal by defendants from Johnson, Special J%idge, at September-October Term, 1941, of Halifax.
Proceeding under "Workmen’s Compensation Act to determine liability of defendants to plaintiff, employee.
From order awarding compensation and fixing tbe amount, tbe defendants appealed to tbe Superior Court of Halifax County where tbe award of tbe Industrial Commission was approved and confirmed. From this judgment, tbe defendants appeal, assigning errors.
Long ■& Grew and McMullan & McMullan for plaintiff, appellee. ■
H. B. Foster and King & King for defendants, appellants.
One member of tbe Court, Schench, J., not sitting, and the remaining six being evenly divided in opinion whether the case should be affirmed or remanded for more specific findings of fact, the judgment of the Superior Court stands affirmed as the disposition of. this appeal without becoming a precedent, accordant with the usual practice in such cases. Outlaw v. Asheville, 215 N. C., 790, 1 S. E. (2d), 559.
Affirmed.