On Rehearing.

— Upon a rehearing En Banc, a majority of the court adhere to the Departmental opinion heretofore filed herein and reported in 132 Wash. 395, 232 Pac. 317.

The judgment of the trial court is reversed, and the case remanded with directions to pass upon the motion of the respondent for a new trial. The judgment of the trial court granting a new trial to appellant Jackson against the stevedoring company is affirmed.