(dissents):
I respectfully dissent from that part of the majority opinion which requires that a new trial be had on the issue of damages. I concur in that portion which holds that the trial court was in error requiring the holding of a new trial on the issue of liability. In my view, the order requiring a new trial to be had is erroneous. I would simply reverse the order granting a new trial and hold that the verdict of.the jury should be reinstated.