Town of Palm Beach v. Vlahos

BUFORD, C. J.:

On motion for leave to file extraordinary petition for rehearing, appellee insists that we were in error when we held in the opinion and judgment filed herein, on October 22, 1943, that the “2nd Plea” filed by defendant on December 7, 1942, reading as follows:

“And for a second plea to the first count of the declaration, defendant says that at the time and place therein alleged the said automobile of the defendant was being operated by Elmer Schultz, Fire Chief of the Town of Palm Beach, and beyond the corporate limits of said municipality.”, was a good plea and that the…