Whitmore v. Utah Fuel Co.

Respondents have filed a petition for a rebearing. We have given tbe questions presented careful consideration, and are of tbe opinion tbat tbe decision heretofore filed in tbe cause on this appeal should in some particulars be modified. In view of tbe fact tbat counsel, both for appellant and respondents, have filed briefs in which they have ably and elaborately discussed tbe questions presented, we have decided to make tbe necessary changes in tbe opinion without reopening tbe case for oral argument. Tbe cause will be ruled and determined by this opinion only.

Tbe complaint contains two…