
    Island Coal Company v. Swaggerty.
    [No. 2,551.
    Filed April 19, 1901.]
    From Daviess Circuit Court; D. J. Hefron, Judge.
    Action by William F. Swaggerty against The Island Coal Company, for damages. From, a judgment for plaintiff, defendant appeals.
    O. E. Barrett, W. R. Gardiner and O. G. Gardiner, for appellant.
    
      Davis & Moffett, for appellee.
   Per Curiam.

— The Appellate Court being equally divided upon the question as to whether the judgment of the lower court in this cause should be sustained, it is therefore transferred to the Supreme Court.  