Western Union Telegraph Co. v. Fabian

On Rehearing.

[1] In holding that the error pointed out in the fourth assignment of error was immaterial, we assumed that the evidence showed Gafford’s residence to be about three-quarters of a mile from the stores and post office. In this we erred, for there is a conflict in the testimony. Mrs. Gafford testified that their residence was about 2% miles southwest of Cottonwood. This testimony, if believed by the jury, would establish that Will Fabian on June 20, 1913, was not at Cottonwood after about 4 or 5 o’clock p. m. At one place in his testimony we found the statement that he left…