
    MARINER, Respondent, v. PATTEN, Appellant.
    (137 N. W. 590.)
    (Opinion filed October 1, 1912.)
    On motion for rehearing.
    Former decision affirmed.
    See 28 S. D. 163, 132 N. W. 685.
    
      Corrigan & Darling,, for Appellant.
    
      M. Moriarity, for Respondent.
   CORSON, J.

This case is before us on rehearing. The appeal was from a judgment entered in favor of the plaintiff against the defendant on a directed verdict. On the hearing of the appeal at a former term of this court, the judgment of the court below and order denying a new trial were reversed. The opinion in -the case is reported in 132 N. W. 685. After a careful review of our decision, we are satisfied that the 'same was right, and that the judgment of the court below and order denying a new trial were properly reversed.

The judgment of the circuit court and order denying a new trial are reversed.

MoCOY, P. J., and WHITING and SMITH, JJ., concur in the result.  