Nickerson v. Union Traction Co.

*20The opinion of the court was delivered by

Mason, J.:

In the original opinion in this case (Nickerson v. Traction Co., 94 Kan. 172, 146 Pac. 366) it was said that the evidence justified submitting to the jury two questions: Whether the plaintiff was unconscious when he stepped upon the track in front of the street car, and whether the circumstances were such as to apprise the motorman of his condition. In a petition for a rehearing this court’s statement of the facts is criticised as not borne out by the record. The witnesses often referred to buildings the location of which was not shown. A map…