Lenfestey Broom Works v. Atchison, Topeka & Santa Fe Railway Co.

The opinion of the court was delivered by

Marshall, J.:

An opinion was filed in this action on March 12, 1927. (Lenfestey Broom Works v. Atchison, T. & S. F. Rly. Co., ante, p. 104, 254 Pac. 343.) In that opinion it was stated that, “The evidence tended to show that . . . the high- and low-tension wires were loosely strung and in places were only about a foot apart.” The Kansas Gas and Electric Company, in a motion for rehearing, challenges the correctness of that statement. An examination of the abstract shows that the statement as quoted is not correct. The petition alleged that “the wires…