Citizens' Street Railroad v. Hobbs

On Petition for Rehearing.

Reinhard, J.

We are asked to grant a rehearing in this case because we made a mistake, as counsel insist, in holding that the error, if any, in refusing the appellant’s request for instructions, was not available, in that the record fails to show that the instructions were signed by the appellant or its counsel. The judge’s certificate contains the statement that the defendant requested certain instructions. This, it is urged by counsel, sufficiently shows that the de*622fendant properly requested-those instructions. In this view we cannot concur. Had the judge certified…