On Appellant’s Motion for Rehearing.
Appellant’s motion for rehearing has been carefully considered, but this Court finds that .it must adhere to its former opinion reversing the judgment of the trial court and remanding the cause fo'r a new trial. However, that concluding portion of the Court’s opinion filed herein January 19, 1939, beginning, immediately succeeding the sentence: “Quoted from Waldo v. Galveston, H. & S. A. R. Co., Tex.Com. App., 50 S.W.2d 274, 278.”, with the words “The Bartons indicated,” etc., is deleted.
Appellant’s motion for rehearing refused.