I concur in the foregoing very able and exhaustive opinion prepared by Mr. Justice Morgan, except that portion of the *Page 365 opinion which discusses and thereby seeks to distinguishHenderson v. Twin Falls County, 56 Idaho 124, 50 P.2d 597, 101 A.L.R. 1151, from the case at bar, and as to that portion of the opinion I am unable to concur.