On Motion for Rehearing.
In view of the fact that we have reversed this case because of the misconduct of the jury, in passing on other points, we have not discussed procedural questions, as we presume they will not arise in the same matter upon another trial. For instance, some of the questions are not in proper form and are not followed by proper and necessary instructions and explanations, but we have not discussed such matters as we presume they will not appear upon another trial. It goes without saying that if upon another trial issues are improperly formed, or definitions or instructions are incorrect, same may be considered upon another appeal, if proper objection and exceptions are made below and presented on appeal.
The same thing is true as to admissibility of evidence.
Appellants’ and appellee’s motions for rehearing have been carefully considered and are in all things overruled.