¶1 .On Rehearing.
¶2 The opinion of the court, as written by the Commissioner, is hereby modified as follows: The judgment of -the lower court, granting a new trial to the defendants in the court below, i's hereby reversed and set aside, and the cause is remanded to the lower court with instructions that, consistent with the law as announced in this opinion, it shall reconsider and again determine the merits of the motion for new trial filed by the defendants in the court below.