On Petition for Rehearing
PER CURIAM.On petition for rehearing appellee stresses tlmt the points relied upon in our opinion were not urged either in the lower court or in appellant’s brief on appeal. The evidence referred to in the opinion was before the trial court for its appraisal on the question of directing a verdict. Although in this court appellant’s brief made detailed presentations only on aspects of the case which we found did not present issues for the jury, in addition appellant relied expressly, though generally, upon the entire body of evidence in urging that a verdict should not have been directed against him. Once we concluded that this contention was sound there was left the question whether the new trial to be authorized should be unrestricted or should not include the claims oí negligence as to which we found (he evidence did not make out a jury question on the first trial.
The petition for rehearing is denied.