Court of Appeals for the First Circuit January 19, 1911, No. 902 (Horan v. Boston & M. R. R.)

ALDRICH, District Judge.

The petition for a rehearing is denied. It is true that the second ground stated in the petition for a rehearing was not expressly discussed in the opinion, and it was because it was not considered that the record reasonably raised any question in respect to the defendant’s want of care after discovering the plaintiff’s proximity to the railroad track.