
    MRS. JANIE WHITEHEAD v. CITY OF CHARLOTTE.
    (Filed 6 May, 1942.)
    Appeal and Error § 38—
    When the Supreme Court is evenly divided in opinion, one Justice not sitting, the judgment of the lower court will be affirmed without becoming a precedent.
    Appeal by defendant from Burgwyn, Special Judge, at 13 October, 1941, Extra Term, of Mecklenburg.
    Affirmed.
    
      
      B. F. Wellons and J. A. McRae for plaintiff, appellee.
    
    
      Tilleil & Campbell for defendant, appellant.
    
   Per Curiam.

The plaintiff sued for the recovery of damages for an injury alleged to have been sustained through the negligence of defendant in permitting a defect in the street to remain unrepaired and in a dangerous condition. The plaintiff recovered a verdict, and -from the ensuing judgment the defendant appealed. Upon consideration of the appeal the Court was evenly divided — three to three — Justice Schenck not sitting. Therefore, the judgment of the court below stands affirmed, and this decision does not become a precedent. Smith v. Bottling Co., ante, 202, 19 S. E. (2d), 250; Adams v. Murphrey, ante, 165, 19 S. E. (2d), 250; Seay v. Ins. Co., 213 N. C., 660, 197 S. E., 151.

Affirmed.  