#### Robert Carl Sweeter, a minor, by William Carl Sweeter, his father and next friend, appellee, v. Charles M. Poole and Home Oil Company, defendant. Charles M. Poole, appellant.

Gen. No. 8,857.

Heard in this court at the January term, 1935.

Opinion filed April 12, 1935.

Rehearing denied July 8, 1935.

Miller, Elliott & Westervelt, for appellant; Eugene R. Johnson, of counsel. J. M. Powers and Ramon A. Powers, for appellee.

Mr. Justice Davis

delivered the opinion of the court.