Gulf, M. N. R. Co. v. Havard

SAYRE, J:

This ease went to the jury on counts 3 and 4 of the complaint, and there is no need to consider errors supposed to have affected the case as stated in counts 1 and 2.

In our original opinion it was stated that • plaintiff, appellee, stepped on the covering of a hole which was in a public street or highway near the corporate limits x>f the city of Mobile, and also — as we. understood— in defendant’s right of way at or near the point where defendant’s track crossed the highway. On rehearing it appears that the foregoing statement is not accurate. Perhaps we were misled by the maps of…