Model City Lumber Co. v. Southern Ry. Co.

On Rehearing

CARR, Judge.

In our original opinion we stated in substance what the evidence disclosed with reference to the general use of the railroad crossing. We confined our delineation to the time the deposing witness lived in that immediate vicinity. It appears that we failed to take into account a time prior thereto during which the witness showed some acquaintance with the general use of the crossing for vehicular travel. In fairness to the appellant, we set out in haec verba some other evidence relating to this inquiry:

“Q. How long, Ace, to your knowledge has the public been using this…