The opinion
Brown, C. J.
(dissenting). — My view is that this case was correctly decided on July 12, 1940, under the status of the law as it then existed. In my opinion, the case of City of Tampa, v. Easton, cited in the above opinion, extended and widened the domain of municipal liability, and correctly so, but that opinion and decision should not be given a retrospective effect so as to affect our judgment of affirmance in this case which was rendered some months previously.