Tbe appeal was from a judgment of tbe Superior Court affirming an award made to tbe plaintiffs by tbe North Carolina Industrial Commission as compensation under tbe Workmen’s Compensation Act for tbe death of Joseph E. Suiter.

*542 The defendants admitted the employment, but claimed that Suiter was an independent contractor and, moreover, if an employee within the terms of the Act, that he was not at the time of his death engaged in the duties of such employment.

Upon the hearing of the matter, the Court divided three to three, Justice Schenclc not sitting.

Under the Rule of Court, the judgment of the court below stands affirmed, and this decision does not become a precedent.

Affirmed.