I concur in paragraphs 1, 2, 3, 5, and in result of the opinion in this case. I also concur in the result of paragraph 4, but do not concur in all of the reasoning in this paragraph contained. As to this instruction No. 7, asked by the defendant, it declares the law in a proper case, but its refusal was harmless in this case, because the defendant offered no evidence. The only evidence was that for plaintiff. Goode, J., concurs herein.