(dissenting) — The appellant was an employee of the respondent and being carried to a place where he and his men were to work. He was not engaged in the performance of any duty. When he put his head outside of the car 15 inches, without looking forward to see what he was approaching, he was clearly guilty of contributory negligence. I therefore dissent.
Mount, J., concux-s with Gose, J.
Paekee and Moeeis, JJ., took no part.