On Petition for Rehearing.
Per .Curiam.3. Upon consideration of the petition of appellees for a rehearing, and their application for a modification of the mandate, it is concluded by the court that the petition for rehearing be overruled, and that the mandate be, and it hereby is, modified so as to read as follows: “The judgment is reversed, and the cause remanded, with instructions to sustain the motion of the appellant for a new trial.”