Tbe Court being evenly divided in opinion, with respect to tbe assignments of error upon tbis appeal, Brogden, J., having been of counsel for defendants, in tbis action, not sitting, tbe judgment of tbe Superior Court of Durham County is affirmed, and stands as tbe decision in tbis case without becoming a precedent. McCarter v. R. R., 187 N. C., 863.

Affirmed.