62 P.2d 572
No. 13,765.Supreme Court of Colorado.
Decided October 19, 1936.
Action for damages growing out of an automobile collision. Judgment for plaintiff.
Affirmed.
1. APPELLATE PRACTICE — Divided Court. One justice not participating, and the others being equally divided as to what disposition should be made of the case, the judgment is affirmed by operation of law.
Error to the District Court of Adams County, Hon. Samuel H. Johnson, Judge.
Mr. FRED W. MATTSON, Mr. A. B. MATTSON, for plaintiffs in error.
Messrs. GRANT, ELLIS, SHAFROTH TOLL, Mr. ROLLAND F. MARONEY, for defendant in error.
MR. JUSTICE HILLARD [HILLIARD] not participating. Mr. JUSTICE BURKE, MR. JUSTICE BOUCK and MR. JUSTICE YOUNG being of the opinion that the judgment should be affirmed, and MR. CHIEF JUSTICE CAMPBELL, MR. JUSTICE BUTLER and MR. JUSTICE HOLLAND being of the opinion that the judgment should be reversed, the court being evenly divided, the judgment stands affirmed by operation of law.
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