McGinity v. Marquette Casualty Co.

On Application for Rehearing

Plaintiff, in her application for a rehearing, strenuously contends that the record proves the carnival float struck her ladder, causing her to fall; and that she did not fall against the float as suggested in our opinion.

In her petition Plaintiff charged that the float suddenly deviated from the path of the parade into the intersection, and ran into her ladder, knocking her and her grandson to the street. The District Court did not find such to be a fact, but found that part of the float’s decoration, extending outward a foot or two over the neutral ground…