concurs in the judgment of reversal, but not in all that is said in the opinion by Mr. Chief Justice Russell. The case, on its facts, seems to be controlled by the principles applied by this court in Hancock v. Gumm, 151 Ga. 667 (107 S. E. 872, 16 A. L. R. 1003), which is binding as a precedent and requires a reversal of the judgment of the trial court.