The opinion
Parker, C. J.
(dissenting): I concede this case presents a close question. However, after reviewing all the evidence in the light of the rule announced in paragraph 2 of the syllabus, I have become convinced that under the existing facts and circumstances negligence of the driver of the involved automobile was the proximate and legal cause of this tragic accident. In that situation I am constrained to conclude the trial court should have sustained the demurrer to the evidence on that basis, hence this dissent.