specially concurring.
I concur in the result announced in this case, with the reservation that I do not approve of the language of the courts in some of the cases from which my brother Whitfield cites nor of some of the decisions themselves. I think the simple rule is, that where the court cannot, upon the stated or proved facts, declare, as matter of law, that negligence has or has not been shown, the case should be passed on by a jury.