Smith ex rel. Smith v. Kappas

The majority opinion, as I understand it, deals with two exceptions taken to the judge’s charge which are thought of sufficient merit to reopen this case on a rehearing and grant a new trial to the defendant. Both of them were discussed at length on the original hearing, both in oral argument and by brief, and I think in order to prevent a rehearing being used as merely a reappeal they ought to be eliminated from further consideration and attention confined to the inadvertence of the Court with reference to the proposed amendment to defendant’s answer, supposed to have been admitted but…