(dissenting). I am unable to concur in the views of the majority. The verdict concededly has ample support in the evidence, and from my view point no substantial or prejudicial error was com*617mitted by the trial court in its instructions to the jury or otherwise. I refrain from setting forth in extenso my views on the law points presented, as no useful purpose would be thereby subserved. Suffice it to say that in my opinion the judgment should be affirmed.