The only material assignment of error in the record is directed to the refusal of the court below to dismiss as of nonsuit. The Court, Schenclc, J., not sitting, being evenly divided on the merits of this assignment of error, which involves the force and effect of the instructions given plaintiff, the judgment of the Superior Court is affirmed in accord with the usual practice in such cases, and stands as the decision in this case without becoming a precedent. Howard v. Coach Co., 216 N. C., 799, 4 S. E. (2d), 449; Pafford v. Construction Co., 218 N. C., 782, 11 S. E. (2d), 548; Smith v. Furniture Co., 221 N. C., 536, 19 S. E. (2d), 17.

No error.