Fortunev.McGinn

Court of Appeals of Tennessee. Western SectionMay 5, 1939
139 S.W.2d 256 (Tenn. Ct. App. 1939)
139 S.W.2d 25624 Tenn. App. 36

May 5, 1939.

Appeal and error.

Where no matter which was not presented and considered in former opinion was brought forward on petition for rehearing and disposition of matters presented by such petition would be but a restatement of former opinion, petition for rehearing was disallowed.

Appeal in Error from Circuit Court, Shelby County; Hon. Harry Adams, Judge.

On petition for rehearing.

Rehearing denied.

For former opinion, see 134 S.W.2d 898.

Milton Williams, of Memphis, for plaintiff in error.

McDonald, McDonald Brown, of Memphis, for defendant in error Thomas A. McGinn.

Sam P. Walker, of Memphis, for defendant in error Memphis Street Ry. Co.


We have carefully examined the petition for a rehearing in this cause, and do not find that petitioner has brought forward any new matter that was not presented and considered in the former opinion, 134 S.W.2d 898. It does contain an excellent restatement of certain facts.

In the former opinion we considered and discussed all the material facts bearing upon the negligence of the respective defendants, and also all material facts bearing upon the question of the proximate contributory negligence of plaintiff. It would be but a restatement of our former opinion to make a further review of the facts and conclusions reached.

The petition for a rehearing is accordingly disallowed.

Petitioner will pay the costs incident to the filing of this petition.

Anderson and Ketchum, JJ., concur.