Russell, C. J.,
concurring' specially. From the nature of the evidence in this case I concur in the judgment of affirmance; for in the circumstances it does not seem possible that the alleged errors in the instructions of the trial court could have affected the result. I agree to the rulings in the first and fourth headnotes, but I can not fully approve of the rulings set forth in the second and third headnotes as therein expressed.