Norton v. Nelson

Upon Petition for Rehearing.

On April 18, 1952, the following opinion was filed:

Defendant Anselmo has petitioned for rehearing on the ground that this court failed to pass upon his contention that defendants Nelson were negligent as a matter of law and that the trial court erred in not instructing the jury accordingly.

*245These questions were not properly presented by defendant Anselmo’s assignments of error. See, 1 Dunnell, Dig. & Supp. § 363. Moreover, since the jury found defendants Nelson negligent, and since plaintiff and defendants Nelson, not having appealed, apparently are satisfied with…