
    The Baltimore & Ohio Rd. Co., Appellant, v. Kepner, Appellee. 
    (No. 28205
    Decided July 10, 1940.)
    
      Messrs. Waite, Schindel & Bayless, Mr. Herbert Shaffer and Mr. Philip J. Schneider, for appellant.
    
      Messrs. Borden & Gaines, Mr. Edward M. Ballard and Mr. George Metzger, for appellee.
   It appearing that the judges of the court are equally divided in opinion as to the merits of this case and are for that reason unable to agree upon a judgment, and the entry of that fact constituting an affirmance of the judgment of the Court of Appeals, it is ordered that said judgment he affirmed.

Judgment affirmed.

Day, Williams and Hart, JJ., concur.  