The opinion
On Petition to Rehear
McAMIS, P. J.
The Administrator of Mrs. Noland has filed an earnest petition to rehear.
Our previous holding rests primarily upon a finding that the jury could have found that the cause of the accident was the locking of the right front wheel of the Watson truck as observed by the defendant Freeman; that this eventuality was not reasonably foreseeable and that neither defendant was guilty of proximate negligence. We applied the material evidence rule applicable to all jury cases.
The only new matter urged in the petition to rehear is that our former opinion failed to enumerate all of the charges of negligence. Assuming the correctness of this assertion, we are unable to see how the result could have been different. The fact remains that the question of proximate cause was for the jury under the testimony of defendant Freeman to which we have referred.
Accordingly, the petition to rehear must be overruled.