Opinion
8 Div. 737.
June 30, 1954. Rehearing Denied October 7, 1954.
Appeal from Circuit Court, Marshall County, J. S. Stone, Judge.
Maurice F. Bishop, Birmingham, and John A. Bostwick, Jr., Guntersville, for appellant.
Lange, Simpson, Robinson Somerville, Birmingham, for appellee.
The judgment of the circuit court is reversed and the cause is remanded on the authority of Davis v. Evans, ante, p. 549, 74 So.2d 705.
Reversed and remanded.
LIVINGSTON, C. J., and SIMPSON, STAKELY, MERRILL and CLAYTON, JJ., concur.
LAWSON and GOODWYN, JJ., dissent.