The foregoing opinion of LINDSAY, C., in Division One, is adopted as the opinion of Court en Banc. Ragland, Atwood andGantt, JJ., concur; White and Blair, JJ., concur in the result; Walker, C.J., dissents because of lack of jurisdiction in the Supreme Court; Graves, J., dissents on ground that under the evidence Nowak was an independent contractor. *Page 86