Short v. D. R. B. Logging Co.

On Petition for Rehearing

Before Brand, Chief Justice, and Hay, Rossman, Lusk and Warner, Justices.

Denied.

HAY, J.

Plaintiff has petitioned for a rehearing.

He contends that we erred in holding that there was no proof of negligence, and in that connection says that res ipsa loquitur was applicable.

Sufficiency of the evidence was not argued by plaintiff either on brief or orally. His counsel explained that they acted upon the assumption (they put it, gracefully, “erroneous assumption”) that, since *393the trial judge did not direct the verdict upon the ground of insufficiency of proof of negligence,…