GARDNER, P. J.
This case was first assigned to the writer and an opinion was prepared affirming the judgment of the trial court denying the motion for new trial. A dissent developed to the opinion as first prepared and the case was thereupon submitted to the whole court in accordance with Code (Ann. Supp.) § 24-3501. The court instructed the writer to prepare this opinion reversing the trial court.
Code (Ann. Supp.) § 74-9902 provides as follows...
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