Long v. White

DREW, Judge.

This case was decided by this court on March 6, 1933, and reported in 146 So. 368. The evidence and pleadings in the ease are fully set forth in that opinion and we will not reiterate them except wherein necessary to determine the question before us now.

The court, in its former study of the ease, considered the plea of contributory negligence, but inadvertently failed to specifically reject said plea in its opinion. Since contributory negligence is a special pleá which calls for a determination of it in the judgment, we deemed it advisable to grant a rehearing limited to the plea…