This case was before the court at the January, 1910, term, and will be found reported at 160 Mich. 540 (125 N. W. 396, 27 L. R. A. [N. S.] 992). Upon the second trial, counsel for plaintiff made an opening statement of the facts which he proposed to prove. Comparing that statement with the record and opinion upon the former trial, it appears that the only additional
This argument is predicated upon the same decisions cited upon the former hearing in this court. Those decisions were analyzed and distinguished in the opinion then handed down. If plaintiff believed that there was either manifest misapprehension of fact or misapplication of law, it was her duty seasonably to move for a rehearing.
The court was clearly right in directing a verdict in accordance with the principles announced in our former opinion.
The judgment is affirmed.