dissenting in part. While I concur in the judgment of reversal and in Divisions 1, 2, 3, 4 and 6 of the majority opinion, in Judge Deen’s special concurrence and Chief Judge Bell’s addendum relative to the case of Ga. Power Co. v. Maddox, 113 Ga. App. 642 (149 SE2d 393), and agree that the holding in Division 5 of the majority opinion is in keeping with the majority holding of Bulloch County Hospital Authority v. Fowler, 124 Ga. App. 242 (183 SE2d 586), I do not regard the holding there or here to be in keeping with Atlantic &c. R. Co. v. McDilda, 125 Ga. 468, 471 (54 SE 140, 114 ASR 240); Central of Ga. R. Co. v. Ray, 129 Ga. 349 (2) (58 SE 844); Alabama Great Southern R. Co. v. Brown, 138 Ga. 328 (75 SE 330); Central of Ga. R. Co. v. Minor, 2 Ga. App. 804 (59 SE 81); Pollard v. Boat-*187wright, 57 Ga. App. 565, 568 (196 SE 215); Atlanta B. & C. R. Co. v. Thomas, 64 Ga. App. 253, 258 (12 SE2d 494), and others cited in my dissent to the Fowler case. These cases represent rulings made by the Supreme Court and older decisions of this court, none of which has ever been overruled, and by which we are bound.
I am authorized to state that Presiding Judge Hall joins in this dissent.