Louisville & Nashville Railroad v. Stewart's Administratrix

Opinion of the Court by

Judge Turner

Response to Petition for Modification and Rehearing.

Appellant’s petition for a modification of the opinion insists that the language used by the court in discussing whether the conductor Jones was negligent may be interpreted by the lower court upon a new trial as definitely determining that the conductor was negligent, so that the parties might be precluded upon another trial from introducing evidence upon that subject. But such was not the purpose of the court; it was merely intended to point out that there was sufficient evidence of negligence upon the…