The opinion
WELCH, Justice
(dissenting).
I cannot escape the conclusion that there were questions of fact to be decided, and the force thereof to be evaluated and applied, by the jury.
The case was presented to the jury on adequate instructions which fairly submitted the contentions of both parties, nothing to the contrary is shown or stated on that point. The jury returned their verdict and it was approved by the trial court.
Upon our review and on applicable law, and upon the purported facts as presented by the evidence, I think the judgment, based on the verdict, should be affirmed.