Kosnicki v. Pere Marquette Railway Co.

*251On Rehearing.

Moore, J.

Since the opinion was handed down a rehearing upon the application .of the'- appellant has been ordered. We will consider the question of' whether the failure to submit the special question to the jury was reversible error. The statutory provision in relation to the submission of special questions is found in section 12611, 3 Comp. Laws 1915. In construing that statute it has been repeatedly held that the question must be so framed as to call for an answer which may be controlling on the main issue. Cousins v. Railway Co., 96 Mich. 386; Malkowski v. Olfs, 161 Mich. 303;…