Traders & General Ins. Co. v. Rhodabarger

On Motion for Rehearing.

NEALON, Chief Justice.

In its motion for rehearing counsel for plaintiff in error insist earnestly that this case should be reversed upon the authority of Chicago, Rock Island Railroad Co. v. Callicotte (C.C.A.) 267 F. 799, 16 A.L.R. 386. There are substantial differences between the cases. Not only did the pleadings and evidence in the Callicotte Case show a course of practiced, deliberate deception in the way of simulating paralysis, a condition that might be temporarily su-perinduced by the use of drugs, but also it was testified that Callicotte threatened his wife’s…