
    Bolton v. Lima Toledo Rd. Co.
    (No. 21787
    Decided November 27, 1929.)
    
      Messrs. Payer, Minshall, Kareh & Kerr, and Mr. Lewis D. Houck, for plaintiff in error.
    
      Messrs. Cable & Cable and Mr. J. P. Leasure, for defendant in error.
   It appearing that the Judges of the Court are equally divided in opinion as to the merits of the case, one of the Judges not participating, and are unable for that reason to agree upon a judgment, the entry of this fact constitutes an affirmance of the judgment of the Court of Appeals.

Judgment affirmed.

Kinkade, Robinson and Jones, JJ., concur.

Matthias, J., not participating.  