Rudes v. Gottschalk

After having considered the motion for rehearing filed herein by Gerald W. Rudes, we remain of the opinion that the judgment of the Court of Civil Appeals reversing the judgment of the trial court and remanding this cause for another trial should be affirmed. Such motion for rehearing is accordingly overruled. As certain changes in and additions to the original opinion [April 1, 1959] have been made, that opinion is withdrawn and the following is filed in lieu thereof as the opinion of the Court:

Two questions are before us. One relates to the doctrine of negligence per se as applied to…