Templeton v. . Kelley

In the original opinion it is stated that the portion of tbe charge there quoted is erroneous (1) in that it omits the element of proximate cause, and (2) in that it required an affirmative answer to the issue of negligence as against the alleged employer if the jury should find negligence on the part of the alleged employee. It was further held that the charge of the court on the law controlling the right of pedestrians to cross a public street at a point other than at the intersection, see. 135 (c), ch. 407, Public Laws 1937, was incorrect.

The petition to rehear is predicated upon the…