Polkinghorn

Decision was heretofore made in this cause and a rehearing thereafter granted. The rehearing was ordered because of the contention of appellant that certain of the points relied upon for reversal were not treated of in the opinion. Upon a re-examination of the record and briefs the court is satisfied that the judgment heretofore ordered is the correct one to be entered, and the opinion as filed on February 26, 1914, is, as to its main text, readopted as follows:

Appellant first assigns as error rulings of the court made respecting the admission of testimony. Respondent’s counsel suggest that these alleged errors are not the subject of review for the reason that the bill of exceptions does not purport to contain all of the evidence, and that in such cases the presumption will be that the rulings, even though apparently erroneous, may have been rendered nonprejudieial by other evidence introduced, citing Brown v. Casey, 80 Cal. 504 , [ 22 Pac. 257 ]. From the very short opinion rendered in that case it might seem that some color of authority is given to support respondent’s point, but reference to an earlier decision of the supreme court, as well as to later ones, and also to…