PER CURIAM.
The majority of the Justices are of opinion that in the circumstances stated the circuit court did not err in giving the affirmative charge for the defendant and that the judgment should be and is affirmed.
FOSTER, LIVINGSTON, LAWSON and STAKELY, JJ., concur.
BROWN and SIMPSON, JJ., dissent.
BROWN, Justice (dissenting).
This is a common law action of trespass on the case by the appellant seeking to recover damages for property...
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