(Dissenting). Some of the instructions given by the trial court were erroneous and prejudicial, and required a reversal of the judgment in this case. The testimony for appellant and the testimony for appellee are in irreconcilable conflict. As I read the evidence, a question of fact was made for the jury.
Therefore, I dissent from the majority opinion, which holds that the appellee was entitled to an instructed verdict.
The Chief Justice joins in this dissent.