Dean v. Safety Casualty Co. ( 1945 )

On Motion for Rehearing.

In its brief, and again in its motion for rehearing, appellee insists that it should have credit on any judgment rendered against it for the amount of $1,527.31, representing the amount paid to appellant under the benefit plan described in our original opinion. Appellant has filed in this court an instrument in writing declaring that he agrees that appellee should be credited with the full amount of the $1,527.31.

While we adhere to, the views expressed in our original opinion concerning this matter, we are reforming our judgment so as to instruct the trial court to allow credit for the entire $1,527.31.

To this extent, appellee’s motion for rehearing is granted, and our former judgment is reformed accordingly. In all other respects appellee’s motion for rehearing is overruled.