The opinion
On Motion for Rehearing.
On the original submission of this cause, we assumed there was no dispute as to the fact that appellant was a non-profit charitable institution, and with this in mind we not only reversed the cause but also rendered judgment.
Appellee now makés it known that but for the fact that the trial court struck the pleadings of appellant relating to this matter and excluded all evidence offered with reference thereto, she would have challenged this fact in the trial court.
We therefore set aside our judgment heretofore entered herein and now reverse the judgment of the trial court and remand this cause for a new trial. Appellee’s motion for a rehearing is granted in this particular and is otherwise overruled.