Response to Petition for Rehearing by

— Overruling.

When this case was before ns on tie original bearing it was maturely considered, and, upon reconsideration of the matter, we see no reason for disturbing the conclusion we then reached. The case is here on only the evidence for the plaintiff, and on another trial the defendant will be allowed to introduce his evidence. We only determine that on the facts as now presented the plaintiff should recover.

Petition overruled.