Packer v. Fairmont Creamery Co.

*581OPINION ON REHEARING

The opinion of the court was delivered by

Dawson, C. J.:

This is a rehearing. The case has been rebriefed and reargued, but our original statement of facts and the jury’s general and special' findings as set forth in ante, p. 191, 146 P. 2d 401, need not be repeated.

Considering once again whether finding No. 14 and the special findings which supplement it, No. 10 and No. 12, should compel judgment for defendant notwithstanding the general verdict, a majority of this court holds otherwise. It reasons thus: The jury .found that defendant’s negligence lay in failure to apply…