concurring in the reversal of the trial court’s judgment but dissenting to the order of dismissal.
The record herein indicates that the jury failed to observe and follow the trial court’s instructions numbered 7 and 8. By reason of such fact, the cause should be remanded to the District Court or another trial rather than ordering the dismissal of the case. Accordingly, I am unable to concur in the majority’s disposition of the appeal and am of the opinion that the trial court’s judgment should be reversed and the cause be remanded for a new trial.