The facts and questions of law involved in this case are similar to those considered in State ex rel. Coleman v. District Court, Mont., 186 P.2d 91, and arose out of the same accident there involved.

On the authority of that case the writ of mandate sought herein is hereby ordered to issue.

MR. CHIEF JUSTICE ADAIR, and ASSOCIATE JUSTICES GIBSON, ANGSTMAN, and METCALF concur.

Rehearing denied November 22, 1947. *Page 380