The opinion
On Rehearing.
ANDERSON, C. J., and McCLELLAN, SAYRE, SOMERVILLE, and GARDNER, JJ.,
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constituting a majority, hold that the damages awarded by the jury were excessive, and the rehearing will be granted, the judgment of affirmance set aside, and the judgment of the circuit court reversed unless the appellee within 15 days from this date files with the clerk of this court, under the statutes, a remittitur of all damages recovered in excess of the sum of $15,000.
THOMAS and BROWN, JJ., are of the opinion that the damages awarded by the jury under the facts of the case are not so excessive as to indicate passion or prejudice on the part of the jury, and that the court should not interfere with the verdict for this reason, and therefore dissent.
Application granted. Judgment of affirmance set aside, and reversed and remanded conditionally.
ANDERSON, C. J., and McCLELLAN, SAYRE, SOMERVILLE, and GARDNER, JJ., concur.