* Reporter's Note: For opinion on rehearing see B. O.Rd. Co. v. Kepner, post, 409.
It appearing that the judges of the court are equally *207
divided in opinion as to the merits of this case 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.