*342On Motion for Rehearing.
Counsel for the Campbell Coal Company on motion for rehearing contends that even though during the trial of the case it was stated that the doctrine of res ipsa loquitur was being relied on to support its contention that the plaintiff was liable on the defendant’s plea of recoupment that this should not exclude the defendant from making out its plea of recoupment by circumstantial evidence. With this contention of the defendant the court agrees; however, the evidence in the present case failed to support the defendant’s plea of recoupment either under the doctrine of res ipsa loquitur or under the rules as to circumstantial evidence, and there was no direct evidence that any alleged negligence of the plaintiff caused the cars to fall from the elevated tracks of the conveyor system. Accordingly, the motion for rehearing is denied.