On Motion for Rehearing.
Appellant requested tbe trial court to submit to tbe jury tbe question as to whether-tbe taking and use of tbe motorcycle by appellant and bis companion .was a proximate cause of tbe collision which resulted in the-injury complained of. Tbe court refused to submit sucb question, and appellant assigned sucb refusal as reversible error.
In preparing our original opinion we inadvertently overlooked the fact that appellant bad urged sucb refusal as cause for reversal in bis brief, and made tbe statement that be bad not so urged tbe same. In bis motion for rehearing appellant bas directed our attention to our error and again insists that tbe trial court erred in not submitting said question to the jury and that we should so bold.
We cannot agree with appellant; we do-not think tbe court erred in refusing to submit tbe question. We are of opinion that there was no evidence tending to show that tbe taking and use of the motorcycle by ap-pellee and bis companion was a proximate cause, or a proximate contributing cause, of tbe collision.
Having corrected tbe error pointed out by tbe motion, and seeing no reason for setting aside our former conclusions for any other reason, the motion for rehearing is overruled.