Supreme Court — Affirmance — Judges equally divided — Negligence — Collision in night season with unlighted truck parked on highway — Motorist turned to right to avoid approaching vehicle — Judgment for motorist reversed by Court of Appeals — Contributory negligence — Assured clear distance ahead — Lights insufficient to show object at 200-foot distance — Negligence per se — Section 6310-1, General Code.
It appearing that the judges of the court are equally divided in opinion as to the merits of this case (one judge not participating) and are for that reason unable to agree upon a judgment, and the entry of that fact constituting an affirmance of the judgment of the Court of Appeals, it is ordered that said judgment be affirmed.
Judgment affirmed.
WEYGANDT, C.J., TURNER and ZIMMERMAN, JJ., concur.
MATTHIAS, J., not participating.