This case is before us on rehearing. The original opinion is reported in 17 S. D. 613, 132 N. W. 270. Upon reargument, and a careful review of the case, we are. inclined to adhere to our former decision.
The judgment and order of the trial court are reversed, and a new trial granted.
CORSON, J., concurs in the result. WHITING and HANEY, JJ., dissent.