Dissenting Opinion.
Reinhard, J. —The majority opinion adjudges a reversal for error in allowing the appellee $40.46 in excess of what he was entitled to recover. As this point was not made in the brief of appellant’s counsel I think it should be regarded as waived. Moreover, if the finding is excessive in the amount stated, the appellee should be given an opportunity to remit the excess if he so desires.
Filed April 3,1895.