On Rehearing
Appellees contend that they were entitled to the affirmative charge with hypothesis which they requested at the end of the trial. They also contend that being entitled thereto, the errors of the trial court about which appellant here complains were without injury to appellants under Supreme Court Rule 45, Title 7, Appendix, Code of Ala. 1940, Recomp. 1958. Griffin Lumber Co. v. Harper, 252 Ala. 93, 39 So. 2d 399(1); Coe v. Louisville & Nashville Railroad Co, 272 Ala. 115, 130 So.2d 32(2).
According to our review of the evidence, there was at least a scintilla of credible evidence that justified the trial court in submitting the issues to the jury and in denying appellees’ request for the affirmative charge.
The application for rehearing is denied.
Opinion extended and application for rehearing denied.
HEFLIN, C. J, and COLEMAN, HAR-WOOD, BLOODWORTH and McCALL, JJ, concur.