Northern Lights Motel, Inc. v. Sweaney

OPINION ON REHEARING

CONNOR, Justice.

Appellant Northern Lights Motel, Inc. has filed a petition for rehearing which asserts that our opinion usurps the province of the jury by making a factual determination which was not presented to the jury for its determination.

Appellant apparently misconceives the nature of our holding in respect to the imputation of knowledge to Edna Cox. The question presented on appeal was whether the trial court’s instruction on that subject was in error. The trial court instructed the jury that the knowledge of Mr. Cox was the knowledge of Mrs. Cox, as a matter of law.