The question involved: Did the court below commit error in sustaining the defendant's motion for judgment as in case of nonsuit at the close of plaintiffs' evidence?

The Court being evenly divided in opinion, Schenck, J., not sitting, the judgment of the Superior Court is affirmed and stands as the decision of this action without becoming a precedent. Ins. Co. v. Stinson ante, 97.

The judgment of the court below is

Affirmed. *Page 819