Gray v. Esslinger

SADLER, Justice.

The first motion for rehearing heretofore filed by appellee having been denied, his counsel asked and have been granted leave to file the second motion for rehearing. They complain as follows :• “That this Court has wholly failed to pass upon and decide a question fairly raised in and hy the appellee’s answer brief herein, and again, and in more detail, urged in and hy the appellee’s Motion for Rehearing, .and which is decisive of the case, namely, that if the defendant were guilty of wilful and wanton misconduct in the operation of his automobile at the time of the collision…