Pirott v. Heinen

The opinion of the court was delivered by

Dawson, J.:

A rehearing was ordered in this case. It has been reargued orally, and additional briefs have been duly considered.

Appellant suggests that our first opinion reversing the judgment and remanding the cause for a new trial should be modified in certain particulars. Appellees suggest that in view of certain admissions in appellant’s petition to modify our first opinion the trial court’s judgment should now be affirmed.

Considering first the matters urged by appellant, he contends that instruction No. 15 was erroneous and prejudicial. It reads:

“15.…