Rott v. Provident Life Insurance

Burr, Oh. J.

(dissenting). This is the third appearance of this case in this court. On the first appeal (67 N. D. 529, 274 N. W. 849) the sufficiency of the evidence was not reviewed, a new trial having been granted because of error in the admission of evidence. At the second hearing (69 N. D. 335, 286 N. W. 393) the sufficiency of the evidence was not reviewed, the new trial being granted because of errors in the instructions.

The real issue is one of law rather than of fact; and so far as this case is concerned, I hold that the statement of law as set forth in the first section of the…