The opinion
(On Rehearing.)
PER CURIAM.
This matter is now be.fore this court on application for leave to file second petition for rehearing. The court has reviewed the opinion and the record in this cause, and reaches the conclusion that the opinion should be supplemented, and modified to this extent: That there should be added thereto the following, to’ wit: “That the trial court is instructed not to grant a new trial, but to dismiss the plaintiff’s petition.”
The application for leave to fi’e second petüion for rehearing is denied.
Note. — See under (1) 28 Cyc. pp. 978, 983. (2) 28 Cyc. pp. 274, 360 (Anno).