GARDNER, P. J.
1. We will deal with the general grounds and special ground 1 together. It will be noted that the first count is based on gross negligence and the second count on ordinary care or simple negligence. The court submitted the case to the jury on both counts and instructed them that they could render a verdict on only one of the counts. The jury returned a verdict on count 2. The Court of Appeals held in Nash v. Reed,
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