McCALEB, Justice.
This case is governed by our decision in Reagan v. Murphy, 235 La. 529, 105 So.2d 210.
For the reasons there given, the judgment appealed from is reversed and the suit is dismissed at plaintiff's cost.
SIMON, J., absent.
[4] TATE, Justice ad hoc (dissenting).
For the reasons more fully set forth in the companion case of Reagan v. Murphy, 235 La. 529, 105 So.2d 210, I respectfully dissent.