April 10, 1940.
The opinion of the Court was delivered by
MR. JUSTICE CARTER.
Appellant's exceptions to Judge Lide's decree are without merit. We adopt the Circuit order, which will be reported, as the opinion of this Court.
MR. CHIEF JUSTICE BONHAM, MR. JUSTICE FISHBURNE and MR. ACTING ASSOCIATE JUSTICE E.H. HENDERSON concur.
MR. ACTING ASSOCIATE JUSTICE J. HENRY JOHNSTON concurs in result.
MR. ACTING ASSOCIATE JUSTICE J. HENRY JOHNSTON (concurring in result):
I concur in the result, but only because I am bound by a line of decisions of this Court, extending over a period of many years, which hold in substance that the enabling statute in question (Section 5856 of the Code of 1932) was enacted for the benefit only of travelers upon the highway.