Willis Rankin Barnes, as Administrator of the Estate of Bernie Mae Barnes, Deceased v. West Point Foundry and MacHine Company, Inc., a Corporation

INGRAHAM, Circuit Judge:

Petition for rehearing was duly filed by defendant-appellant, supported by its brief, to which plaintiff-appellee filed his brief in opposition. The petition for rehearing is granted and the original panel opinion dated January 4, 1971, is withdrawn.

This action was brought by plaintiff-appellee Bames on behalf of his deceased wife, alleging that defendant Alfred Edmonson as agent, servant and employee of defendant-appellant West Point Foundry and Machine Company, Inc., while acting within the line and scope of his employment, did negligently operate an automotive…