Barker v. General Petroleum Corp.

STANFORD, Justice.

On motion for rehearing appellants have called our attention to portions of the original opinion which we believe should be clarified.

The opinion must be interpreted in the light of the record before the court. We had before us only the evidence presented by the plaintiffs, which for the purpose of testing the correctness of the ruling of the trial court at the close of plaintiffs’ case, must be considered as true.

We said in that opinion that there were two issues presented to us on the appeal: (1) Was Bland guilty of actionable negligence? and (2) If so, are the appellees…