Donaghy v. Oregon-Washington R. & Nav. Co.

Rehearing denied October 7, 1930

On Petition eor Rehearing

(291 P. 1017)

COSHOW, C. J.

Appellants have filed an earnest and urgent petition for rehearing. The original opinion was written by the late Mr. Justice McBride June 3, 1930. The petition for rehearing complains principally of the amount of the damages awarded and alleges among other things that the opin ion mentioned the deafness referred to in the original opinion as indicating the learned justice relied on that as an item of damages. There is no issue in the pleadings on that alleged injury. Defendant argues persuasively that this case…