Gamer Co. v. Gammage

On Motion for Rehearing.

Appellee’s counsel in this cause have filed an extensive and able argument on motion for rehearing, contending that we erred, in our original disposition of this cause, in reversing and rendering same in favor of appellant. Appellee, is insisting that he did not rely upon the doctrine of res ipsa loqui-tur, “as the court seems to assume in its opinion, but appellee contended, and now contends, that there is an abundance of evidence of appellant’s negligence to warrant the trial court submitting the issue to the jury,” further saying, however, that if they were relying…