Opinion
107 Cal. 49 at 54. Rehearing Denied.
Original Opinion of April 4, 1895, Reported at 107 Cal. 49.
OPINION
THE COURT A petition for a modification of the judgment having been filed, the following opinion was rendered thereon on the 4th of May, 1895:
The Court.
Respondent asks us to so modify the judgment herein as to give express direction that the cause be remanded for a new trial.
Such modification is unnecessary, since the effect of the unqualified reversal is to remand the cause for a new trial. (Stearns v. Aguirre , 7 Cal. 443; Argenti v. San Francisco , 30 Cal. 459; Ryan v. Tomlinson , 39 Cal. 639.)