Cartey v. Swain

On Rehearing

Townsend, J.

In the foregoing decision reference is not made to the contentions of the plaintiff in error as disclosed by her amended motion for new trial, because the court considered the same unnecessary to arrive at its conclusion that the question that controlled the determination of the case, rendering the judgment of the trial court—based upon the direction of a verdict for the defendant—without error, was the failure of the plaintiff to give the notice referred to in the foregoing decision and designated as O.P.A. regulation, section 6 (d) (2) within 24 hours after suing out…