Hogan v. N. O. Public Service, Inc.

In dissenting from the refusal to grant a rehearing I depart from an established custom, but I do so because I find that a point raised by defendant and most exhaustively and conclusively presented in the brief was. not discussed by me in my dissenting opinion and was scarcely even referred to in the majority opinion.

Defendant contends that, apart from the imputability of the negligence of the chauffeur to the superintendent, Hogan, he, Hogan, was guilty of independent negligence on his own part, and that this negligence should bar his recovery.

That a passenger in an automobile driven by…