dissenting.
I am of opinion that the judgment in this case should be reversed, because the evidence, even when judged as upon a demurrer to the evidence, is insufficient to prove, that there was any act of actionable negligence committed by the defendant. As the majority of the court concurs in the opinion of Mr. Justice Browning, it is profitless to enter upon a discussion of the evidence, the facts proved thereby and the inferences, which may be fairly drawn therefrom.