Frye v. St. Joseph Railway, Light, Heat & Power Co.

On Motion EOR Rehearing.

BLAND, J.

In addition to that part of the testimony of the motorman set out in the original opinion, he testified as follows:

"I could see down the track but I could not see on the track and for that reason I changed that. I could have seen a man standing up or a man sitting down — -I could have seen that — but I misunderstood if you could see down the track. I could see down the track but I could not see anything laying down on the ground in the grass.

"Q. Up until the time this occurred had you made a stop since you left Savannah? A. Just the one at Stop 8 when I…