
    Faust Lumber Company, Appellant, vs. Industrial Commission of Wisconsin and another, Respondents.
    
      May 3
    
    May 23, 1916.
    
    
      Appeal: Affirmance on equal division.
    
    A judgment of the circuit court affirming an award made hy the industrial commission is affirmed on appeal, this court being equally divided.
    Appeal from a judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge.
    
      Affirmed.
    
    Application under Workmen’s Compensation Act by Lena Koltz for compensation for the death of her husband caused by the kick of a horse. Claimant was awarded $2,100 compensation, payable in weekly instalments. The employer, the Faust Lumber Company, appealed to the circuit court for Dane county, and upon a bearing bad tbe order of tbe Industrial Commission was affirmed. Tbe employer brings tbis appeal.
    For tbe appellant there was a brief by Quarles, Spence & Quarles, attorneys, and I. A. Fish, of counsel, and oral argument by Mr. Fish.
    
    For tbe respondent Industrial Commission of Wisconsin there was a brief by tbe Attorney General and J. F. Messerschmidt, assistant attorney general, and oral argument by Mr. Messerschmidt.
    
    
      George J. Bowler, for tbe respondent Koltz. [No brief on file.]
   RoseNbbRey, J.

Chief Justice WiNsnow and Justices Siebeciceb and ViNJE are of tbe opinion that tbe judgment should be affirmed. Justices Maesiiall, KekwiN, and tbe writer are of tbe opinion that the judgment should be reversed and a new bearing before tbe Industrial Commission directed. Tbis situation results in an affirmance of tbe judgment of tbe circuit court.

By the Court. — Judgment affirmed.  