Jensen v. Utah Ry. Co.

On Petition for Rehearing.

STRAUP, J.

A petition for rehearing is filed by the respondent. It, among other things, complains of that portion of the opinion wherein it is stated that the respondent was not in position to invoke a review of the ruling of the court below overruling respondent’s motion for a directed verdict, because of no cross-assignment of error. It, in effect, is urged that on an appeal taken by the unsuccessful party, seeking to reverse and set aside a judgment, the respondent, when he himself does not seek to modify or disturb the judgment, but only to defend and uphold it,…