JAMES v. CITIES SERVICE OIL CO

Supreme Court — Affirmance — Judges equally divided — Negligence — Property owner liable to fireman called to extinguish fire — Fireman not warned of hidden peril unknown to him.

It appearing that the judges of this court are equally divided in opinion as to the merits of this case, one of the judges not participating, and are unable for that reason to agree upon judgment, the entry of this fact constitutes an affirmance of the judgment of the Court of Appeals.

Judgment affirmed.

WEYGANDT, C.J., WILLIAMS and HART, JJ., concur. BETTMAN, J., not participating.