Davis v. Kirklen

On Motion for Rehearing.

In his motion for rehearing appellee complains of the finding that in the conversation between Dr. Malloy and the train conductor, when the former approached and requested the latter to “give him three minutes to put a sick man on,” the conductor asked Dr. Malloy if the patient had a doctor’s certificate, to which the doctor replied, “No, I will get the tickets,” and that this colloquy was then repeated.

*333"We have- concluded' that when the testimony is construed most strongly in favor of appellee, as it should be on appeal, and when the testimony in favor of appellee is…