Opinion
No. 26914
Decided July 6, 1938.
Supreme Court — Affirmance — Judges equally divided — Section 2, Article IV, Constitution — Workmen's compensation — Mandamus to compel rehearing — Section 1465-90, General Code (111 Ohio Laws, 218) — Medical and funeral expenses paid — Death award denied on ground claimants not dependents.
APPEAL from the Court of Appeals of Franklin county.
Mr. Edward T. Lombardo and Messrs. Cowan, Adams Adams, for appellants.
Mr. Herbert S. Duffy, attorney general, Mr. Eugene Carlin and Messrs. Smith, Francis Irvine, for appellees.
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., ZIMMERMAN and MYERS, JJ., concur.
MATTHIAS, J., not participating.