The opinion
ON MOTION FOR REHEARING.
PER CURIAM.
— Now at this day, November 26, 1912, the court'having seen and fully understood the appellant’s motion for a rehearing herein, doth order that said motion be and the same is hereby overruled on condition that plaintiff wthin ten days remit $5000 of his judgment as of the date of the verdict; otherwise, the motion will be sustained.
Woodson and Kennish, JJ., dissent.