Clark v. Feldman

On Petition for Rehearing.

Birdzell, J.

In a petition for rehearing counsel for the respondent suggests that a rehearing should be had because the case has been decided on matters that were not raised in the briefs or argued at the hearing or even presented to the trial court. Reference to the opinion will disclose that the main questions considered arise out of the exceptions taken by the plaintiff to the charge of the jury. We did not discuss all of the objections to the charge that were argued by the appellant’s counsel, but we did consider those bearing upon the questions of negligence and…