For the reasons assigned in Humble Oil and Refining Company v. Jones, 241 La. 661, 130 So.2d 408, the judgments of the district court and the Court of Appeal, 125 So.2d 654, are annulled and set aside, and. this case is remanded to the district court for further proceedings consistent with the views expressed in the Jones matter and in accordance with law. Costs incurred in this court shall be paid by plaintiff, and all others are to await the final determination of the cause.

(dissenting).

I am compelled to dissent from the majority opinion herein, for the reason that I am convinced that the able maj ority opinion. rendered by the Court of Appeal, Third Circuit, with Judge Preston L. Savoy as its author, 125 So.2d 640, 654, is eminently sound in law and correctly sets at rest the' conflict prevailing, so much so that I shall adopt it as my dissent.