Davis v. Ellis

(This case is before us upon a re-hearing, the original opinion having been rendered on February 26, 1925.)

In the petition for a re-hearing counsel for defendant in error stress the point that the opinion heretofore delivered in- this case was based on the fact that no negligence was proven against the plaintiff in error and that this ground of defense could not be considered by the court because it was not specifically *410set out in the demurrer to the evidence, as provided in Code of Virginia, section 6117. While it is true that the previous opinion in this case states “there is no evidence to…