Barone v. Jones

On petition for rehearing it is contended this court failed to consider plaintiffs challenged instructions numbered 3, 5 and 18. Other challenged instructions were specifically considered, and the said three instructions were generally considered. The court concluded by stating that the challenged instructions were not prejudicial or erroneous. But in view of the impression of appellants that the court failed to consider said instructions, the opinion is modified by adding thereto, on the last page, after the paragraph ending with the words, "paved portion of the highway," the following: