BRADY, Justice:
In the trial court, cause number 1938, Martin Browning v. Edward Shackelford, and cause number 1941, Henry Browning, Administrator of the Estate of Mrs. Mary Ida Browning, Deceased v. Edward Shackelford, were consolidated by mutual agreement on May 11, 1966. From a peremptory instruction granted the appellee, Edward Shackelford, this appeal is prosecuted. Tersely the record discloses the following essential facts:
On Sunday, November 1, 1964...
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