Decided June 2, 1937.
Supreme Court — Affirmances — Judges equally divided — Janitor shot boy leaving apartment after stealing electric light bulb — Wrongful death.
APPEAL from the Court of Appeals of Cuyahoga county.
Messrs. Copperman, Debard Greenwood and Mr. Samuel B. Tilles, for appellant.
Mr. Rees H. Davis, for A.R. Reese, receiver, appellee.
Messrs. Davis Young, for the Maryland Casualty Company, appellee.
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.
WEYGANDT, C.J., JONES and MATTHIAS, JJ., concur.
DAY, J., not participating.