#### MRS. ELIZABETH MacCLURE, Administratrix of the Estate of DOUGLAS MacCLURE, Deceased, v. ACCIDENT & CASUALTY INSURANCE COMPANY OF WINTERTHUR, SWITZERLAND, a Corporation.

(Filed 28 September, 1949.)

Appeal and Error § 38—

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

Sea well, J., took no part in the consideration or decision of this case.

DefeNdant’s appeal from Moore, J., Regular April Term, 1949, of Buncombe Superior Court.

Williams & Williams for plaintiff, appellee.

Harkins, Van Winkle & Walton for defendant, appellant.

Pee Oueiam.

Tbis is an action brought by tbe plaintiff to enforce tbe alleged liability of tbe defendant upon an insurance policy wbicb plaintiff contends covers tbe accident or collision which resulted in tbe death of her intestate, and damages caused thereby.

Tbe Court being evenly divided in opinion, Seawell, J., taking no part in tbe consideration or decision of tbe case, tbe judgment of tbe Superior Court is affirmed and stands as tbe decision in tbis case without becoming a precedent. Parsons v. Board of Education, 200 N.C. 795, 156 S.E. 163; Gooch v. Western Union Telegraph Co., 196 N.C. 823, 146 S.E. 803.

Affirmed.