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HOLMES v. BIRMINGHAM TRANSIT CO.

6 Div. 348.

116 So.2d 912 (1959)

Altie Belle HOLMES v. BIRMINGHAM TRANSIT CO.

Supreme Court of Alabama.

Rehearing Denied September 17, 1959.

Further Rehearing Denied January 21, 1960.

Attorney(s) appearing for the Case

Clifford Emond, Sr., Birmingham, for appellant.

Deramus, Fitts & Johnston and Jas. C. Barton, Birmingham, for appellee.

STAKELY, Justice.

The application for rehearing was filed in this court too late by one day. Ordinarily this court would not consider it and would dismiss the same. However, upon reading the application for rehearing, it seems to us that there is a just criticism of the opinion which should be corrected. The opinion did not sufficiently consider the relationship of passenger and carrier between the plaintiff and the defendant. Accordingly, the writer on his own motion...

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