Prowant, Administratrix v. Kings-X

OPINION OF REVERSAL ON REHEARING

The opinion of the court was delivered by

Jackson, J.:

A rehearing was granted in this case, and it has been reargued. The majority of the court is now of the opinion that the manifest error of the original obiter dictum found first in the case of McCarthy, Adm’r, v. Railroad Co., 18 Kan. 46, need not be further adhered to by this court. The history of the error in the McCarthy case is quite adequately set forth in the dissenting opinion beginning in 184 Kan., at page 416 of the first report of this case. This dissenting opinion is hereby incorporated by…