
    Pitts, Appellee, v. The Pennsylvania Rd. Co., Appellant.
    (No. 27654
    Decided December 13, 1939.)
    
      Mr. A. 8. Glose and Messrs. Young & Young, for appellee.
    
      Messrs. Flynn, Frohmcm, Buckingham, Py & Kruse, for appellant.
   It appearing that the judges of the court are equally divided in opinion as to the merits of this case (one judge not participating) and are for that reason unable to agiee 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 be affirmed.

Judgment affirmed.

Day, Zimmerman and Williams, JJ., concur.

Myers, J., not participating.  