Opinion
The opinion
THOMAS, J.,
concurs in the conclusion reached, but is of the opinion, under the influence of what is held in the cases of B. R., L. & P. Co. v. Brown, supra, and So. Ry. Co. v. Weatherlow, supra, that the trial court was also in error in not sustaining the defendant’s demurrers to the plaintiff’s third count of the complaint as amended.
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