State v. Colonial Refrigerated Transportation, Inc.

On Rehearing

BRADLEY, Judge.

Petitioner, in its application for rehearing, takes issue with our conclusion that Garrett, supra, had the effect of overruling McCord, supra, and Loveman, supra.

The premise upon which McCord and Loveman were decided was that since the statute, i. e., Section 477, supra, did not specifically include the State, then the State was not to be allowed the benefits of its provisions.

Whereas, Garrett, expressly stated that even though Section 216, supra, did not specifically include the State, yet it was the intention of the Legislature to have the State included in its…