Norvell Service Company v. Spell

Appellee’s Motion for Rehearing

We • have decided that we were wrong in holding that the evidence required *143submission of the issue, whether Stone was operating his automobile in the course of his employment, and that holding is withdrawn and so, in consequence, is the holding that the evidence was insufficient in fact to support the jury’s finding on that issue. Our .reasons are stated below, but first we will restate more completely and precisely some of the testimony which is summarized in the first part of our original opinion, especially matters referred to on page 5 thereof.

When the rig…