(concurring specially)-
As stated in the opinion, ■ the principal question argued was decided in St. Clair *304County v. Bukacek, 272 Ala. 323, 131 So.2d 683, contrary to appellant’s insistence. I am specially concurring in the opinion because of necessity. I must bow to the opinion of the majority. Nevertheless, I think the rule stated in my dissenting opinion in the Bukacek case is the better rule. See Ala.L.Rev., Vol. XIV, No. 1, Fall 1961, Case Note by Honorable William P. Jackson, Jr., p. 160.