The opinion
On Application for Rehearing
PER CURIAM.
In the application for rehearing filed in this cause, our attention has been directed to a statement made in the original opinion that the highway was bordered by “a rather deep ditch.” It is strenuously urged that this is an erroneous statement of fact.
This statement in the opinion was made en passant, and the depth of the ditch was of no great importance to our decision. However, we deem it necessary to state that upon reconsideration of the photographs introduced and the testimony elicited, it is our conclusion that the ditch is not necessarily a deep one, although there is a decided downward slope away from the shoulder of the highway. This fact in no way changes the application of the sudden emergency doctrine.
The application for rehearing is denied.