Gorham v. . Insurance Co.

BARNHILL, J., did not participate in the rehearing of this case.

The burden of the petition to rehear is that the Court has misinterpreted the record, or, if not, the record should be corrected and clarified to make it speak the truth, and as thus amended, reconsidered. In its initial allegation the petition is not unlike the one filed in Cook v.Mfg. Co., 183 N.C. 48, 110 S.E. 608. Beyond this the analogy ceases.

First. Exception is taken to the holding that the theory of the trial precluded any consideration on appeal of whether the case was one for the jury on the issue of accidental death or…