#### Arkansas State Highway Commission v. Smithers.

5-196

262 S. W. 2d 279

Opinion delivered November 30, 1953.

W. R. Thrasher, William L. Terry and John L. Hughes, for appellant.

Ben M. McCray, for appellee.

Per Curiam Opinion.

The facts and issues in the present case are, in all essentials, identical with those detailed in the case of Arkansas State Highway Commission v. Palmer, 222 Ark. 603, 261 S. W. 2d 772; and on the authority of that case, the judgment against the State Highway Commission in the present case is reversed, and the cause dismissed.