Opinion
No. 13,398.
Filed March 8, 1929. Rehearing denied June 20, 1929.
From Hancock Circuit Court; Arthur C. VanDuyn, Judge.
Action between Edward J. Schoonover and the Carpenter Construction Company. From the judgment rendered, the former appealed. Affirmed. By the court in banc.
Emsley W. Johnson, Chester L. Zechiel and Samuel J. Offutt, for appellant.
Henderson Henderson and Henry W. Moore, for appellee.
Affirmed, and ten per cent damages assessed.
ON PETITION FOR REHEARING.
There is merit in appellee's contention that appellant has failed to comply with Rule 29 with reference to filing petitions for rehearing, and therefore has failed to present any question for rehearing. However, after consideration, the court concludes to remit the penalty assessed against appellant in its decision. With this modification the decision of the court affirming the judgment stands.