Opinion
No. 9745.
June 14, 1962. On Rehearing October 26, 1962.
Appeal from Second Judicial District Court, Parish of Caddo; P.E. Brown, Judge.
Barham, Wright Barham, Ruston, for appellants.
Bruinfield, Turner Cooper, Robert E. Turner, Baton Rouge, for appellee.
Before HARDY, AYRES and BOLIN, JJ.
This case was consolidated with No. 9744 entitled Reiley v. Atlas Construction Company, Inc. et al., which was decided by this Court and reported in 146 So.2d 211.
For the reasons stated therein, the judgment of the lower court is reversed and set aside and plaintiff's demands are rejected at the cost of appellee, Joan Dacey.
Reversed.
AYRES, J., concurs in the decree for the reasons assigned in a dissenting opinion in the case of Reiley v. Atlas Construction Company, Inc. et al., 146 So.2d 211 bearing No. 9744 of the docket of this court.
ON REHEARING
This case was consolidated for purposes of trial and appeal with the two suits of Wilma and Theresa Reiley against the same defendants, bearing Nos. 9744 and 9746, respectively, 146 So.2d 211; 146 So.2d 219.
Although defendants had prevailed in the instant case, in which we reversed the judgment appealed from, counsel for defendants inadvertently included it in his blanket application for rehearing involving all three cases. By reason of the same nature of inadvertence, this court granted rehearing. No argument has been made by counsel for any of the parties litigant seeking a change in our judgment on original hearing.
Accordingly, IT IS ORDERED that our original decree be and it is hereby reinstated and made final.