New York, Chicago & St. Louis Railroad v. Shriner

On Petition for Rehearing

Achor, C. J.

Appellee by petition for rehearing asserts that the opinion as written failed to consider the fact that “Not one of the seven interrogatories tendered in this case could have had ‘. . . a decisive or controlling effect regarding one or more of the issues raised by the pleadings and supported by the evidence.’ ” Appellee asserts that for this reason the trial court’s refusal to submit these interrogatories to the jury was not an abuse of discretion, and therefor that under the test stated in the opinion the judgment should have been sustained.

The original…