52 Wn.2d 517, ANGELA BEST, Individually and as Guardian ad Litem of Mary E. Nelson, a Minor, Respondent, v. KATHLEEN JEAN DAKIN, Appellant

[No. 34190. En Banc.      Supreme Court      June 26, 1958.]

ANGELA BEST, Individually and as Guardian ad Litem of
               Mary E. Nelson, a Minor, Respondent, v. KATHLEEN
                          JEAN DAKIN, Appellant.1

[1] APPEAL AND ERROR - HEARING AND REHEARING - DIVIDED COURT. A judgment of a lower court stands affirmed, where one of the judges of the supreme court is disqualified, and the remaining eight judges, sitting En Banc, are divided in their opinions, and there is no majority either for affirmance or reversal.

Appeal from a judgment of the superior court for Pierce county, No. 127380, Richmond, J., entered December 3, 1956, upon the verdict of a jury rendered in favor of the plaintiff, in an action for personal injuries resulting from an automobile accident. Affirmed.

Edwin R. Johnson, for appellant.

Carnahan, Gordon & Goodwin, for respondent.

PER CURIAM. -

One of the judges of this court being disqualified, this case was argued to the remaining eight judges sitting En Banc. These eight judges are divided in their opinions, and there is no majority either for affirmance or for reversal. Therefore, the judgment of the lower court stands affirmed.

August 5, 1958. Petition for rehearing denied.

1 Reported in 326 P. (2d) 1009.

[1] See 131 A. L. R. 1012; 3 Am. Jur. 671.