Gladwell v. Scarbrough

ON REHEARING

Appellant, in her application for rehearing, asks that we modify our judgment so as to permit a retrial of the case below, including the negligence count.

Again, we would point out that only the ruling of the trial court on the wantonness ■count was questioned in this court.

No review was invoked as to the negligence count. There had been a trial and verdict by the jury on the negligence count, and we must assume that the parties were satisfied with the trial and verdict on this count for there were no errors assigned in this court relating to that part of the case.

The only issue…