Lakin v. Chicago, Rock-Island & Pacific Ry. Co.

On Motion FOR Reheabing.

SHAINl, P. J.

The plaintiff, respondent herein, in motion for rehearing urges that we are in error as being in conflict with the Supreme Court, in respect to our conclusions as to instruction number one (No. 1) given on behalf of plaintiff.

Our conclusion, as stated in the opinion, is that as appearing in the context, “Coming into a position of imminent peril, without any qualification as to obliviousness, we conclude gives an entirely too roving commission to the triers of facts.”

The contention is made that there is error, in that the opinion is to the effect that…