MERRIMON, C. J.
This is an application to rehear the case of Worthy v. Brady, 91 N.C. 265. We have reexamined the grounds of the decision in that case, particularly in the respect complained of, with care and scrutiny, and are satisfied that the instructions in question given to the jury were substantially correct, and for the reasons clearly stated by the late Chief Justice Smith, the petition must, therefore, be
Dismissed.
Cited: Rodman v. Robinson, 134 N.C. 506.
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