Birmingham Belt R. Co. v. Ellenburg

On Rehearing. The application for rehearing is granted; the judgment of reversal is set aside; the foregoing dissenting opinion is adopted as the opinion of the court; and the writ is denied and the judgment is affirmed.

ANDERSON, C. J., and SOMERVILLE, GARDNER, and THOMAS, JJ., concur.

SAYRE and BOULDIN, JJ., dissent.