On Motion for Rehearing.
Appellant requested the trial court to submit to the jury the question as to whether the taking and use of the motorcycle by ap-pellee and his companion was a proximate cause of the collision which resulted in the injury complained of. The court refused to submit such question, and appellant assigned such refusal as reversible error.
In preparing our original opinion we inadvertently overlooked the fact that appellant had urged such refusal as cause for reversal in his brief and stated that he had not so urged the same. In his motion for rehearing appellant has called our attention- to our error and again insists that the trial court erred in not submitting said question to the jury, and that we should so hold.
We do not think the court erred in not submitting the question. We are of opinion that there was no evidence tending to show that the taking and'use of the vehicle by ap-pellee and his companion was a proximate cause, or a proximate contributing cause, of the collision.
Having corrected the error pointed out by the motion, and seeing no reason for setting aside our former conclusions for any other reasons, the motion for rehearing is overruled.