Chapman v. Tiger

*583Supplemental Opinion on Rehearing

Plaintiffs in error urge on rehearing that this court overlooked several of their contentions which are decisive. The appeal herein was from order of the trial court granting a new trial to certain of the defendants. In concluding that the trial court did not err, we deemed it appropriate to decide certain meritorious questions for the guidance of trial court and counsel upon another trial of the cause. The remaining contentions of plaintiffs in error will now be considered.

The first contention is, as follows:

“The granting of a new trial is error, where:

“(a)…