Brotherton v. Manhattan Beach Improvement Co.

Ryan, C.

There has been filed in this case an opinion, which was reported in 48 Neb., 563. A rehearing was afterward granted, and from this it results that it has again been presented for our further consideration. It is unnecessary to restate the facts involved, for they were very fully and accurately stated in the opinion above mentioned.

Counsel for the defendant in error, in their brief for rehearing, say there is only one point to which they wish to invite attention, and this they state in the following *215language: “It seems to us clear that the court overlooked the fact that the plaintiff’s…