Phillips v. Le Blanc Bros. Contracting Co.

It is urged in the application for a rehearing that the court was in error in stating in the original opinion that, "It is rather significant that no arthritis was noticed or mentioned in the X-rays taken shortly after the accident by Dr. Williams. Doctors Herpich and Jones saw the pictures and they noticed none."

Dr. Williams himself admitted that he did not mention any arthritis in his report to Dr. Cook on the picture of April 30, 1941, taken less than a month after the accident. Whether or not Dr. Williams noticed any arthritis in this picture when he made this report, it remains a fact…