Davis, Director v. Steele

On Petition for Rehearing.

McMahan, J.

Appellee in support of his petition for rehearing calls attention to the fact that under the demurrage rules of appellant, private cars on private tracks are not subject to demurrage charges. While this fact was called to our attention on oral argument, we overlooked it, as nothing was said about it in appellee’s brief. While the court will not search the record to reverse, it will search the record to affirm. And when, before a decision, attention has been called to a proposition that will lead to an affirmation, it is our duty to affirm even though…