On Rehearing.
Appellee calls attention to the fact that the errors, if any, occurring on trial were harmless since appellant was not entitled to recover in any event, having failed to establish a scintilla of evidence to support the wanton count. We took note of this argument but in consultation concluded that appellee was not entitled to the affirmative charge, but that a jury question was presented under the authority of Shirley v. Shirley, 261 Ala. 100, 73 So.2d 77. We are still of the same opinion.
The other point argued on rehearing was adequately treated in the original opinion. We are at the conclusion that the application should be overruled.
Opinion extended and application for rehearing overruled.
LIVINGSTON, C. J., and MERRILL and HARWOOD, JJ., concur.