Metropolitan Life Ins. Co. v. Halsey

THOMAS, Justice.

The trial was upon count 5 and pleas in short by consent.

The errors assigned were for the refusal of general affirmative charges and the refusal of motion for a new trial.

Count 5 contained, among other necessary averments, “that said paralysis is the proximate result of said accident, and independently . of all other causes, and by violent and accidental means;’ * * * that his said disability was directly caused by said accident' independently of all other causes and was not caused either wholly or partly by any disease bodily or mental infirmity, or medical or surgical…