On Rehearing.
At a former day of this term, the judgment of the trial court in this cause was reversed because of prejudicial argument indulged in by the attorney for the appellee. In deference to our holding, and with the view of removing from the judgment the prejudicial effect of said argument, the ap-pellee has filed a substantial remittitur of a portion of the judgment. The appellant refuses to accept the remittitur, and this court is therefore unable to give any effect to the same, for the reason that there is no rule of law by which we are able to determine the extent to which said argument affected the judgment. The judgment is an entirety, and it is peculiarly within the province of the jury to estimate and determine the amount of damages in such a case, and, in the absence of any contention that the judgment is excessive, we would not be inclined to disturb the judgment of a jury based upon a record free from a prejudicial error in the respect under consideration.
The motion for rehearing will be overruled.