Opinion
The opinion
The foregoing opinion of SMALL, C., in Division One, is adopted by Court en Banc. All concur, except Woodson, C.J., and Graves, J., who dissent.
Headnotes 1, 2 and 3: Motor Vehicles: 1, 28 Cyc. 38; 2 and 3, 26 Cyc. 37. Headnote 4: Appeal and Error, 4 C.J. sec. 3013. Headnote 5: Trial, 38 Cyc. 1693. Headnote 6: Death, 17 C.J. sec. 235. *Page 558
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