L. J. Goeppner, defendant in error, v. Auto Owners Underwriters, plaintiff in error.

Heard in this court at the October term, 1928.

Opinion filed February 1, 1929.

E. D. Telford and Miller & Streeter, for plaintiff in error. Holt & Holt and June C. Smith, for defendant in error.

Mr. Justice Wolfe

delivered the opinion of the court.