On Motion for Rehearing.
At a former day of this term, we affirmed a judgment for appellees herein. Appellant has filed a motion for rehearing, and also a motion for permission to attach its assignments of error to its brief, they having been omitted therefrom. In its motion for permission to attach its assignments of error to its brief, appellant says that the omission of the assignments was inadvertent, and that its first knowledge that said assignments were not in its brief was when it received a copy of the court’s opinion wherein their omission from the brief was stated. Counsel in appellant’s said motion also states that appel-lees make no objection but consent to the attachment of the assignments of error- to appellant’s brief, and that same may be considered. We have granted the motion for the attachment of the assignments of error to appellant’s brief only upon the statement of appellant’s counsel that appellees do not object, to, but consent that said assignments may be so attached and considered.
As we said in our original opinion, appellant presents but three propositions, and, while there were then no assignments of error in the brief, we considered the first two as presenting fundamental error, and overruled them. We adhere to our holding on the questions discussed. Appellant’s third proposition complained in effect that the evidence was insufficient to support the court’s finding of total permanent incapacity. In our original opinion we said that, though there was no assignment in the brief presenting that question, still we had examined the record and found that it sufficiently supported the trial court’s judgment that total and permanent incapacity existed. In' the light of the assignment now before us, we have again carefully examined and considered the record, and hold that the assignment should be overruled; the judgment is abundantly supported.
The motion for rehearing is in all things overruled.