Commonwealth Life Ins. Co. v. Brandon

On Rehearing.

THOMAS, Justice.

We tried to indicate the respects in which the evidence on the last,two trials was materially different, or that it was not “substantially the same evidence”; and that the rule of the statute, Code, § 9519, and Doe ex dem. Windsor Realty Co. v. Finnegan, 216 Ala. 431, 113 So. 277, should not be applied. However that may be, several questions of evidence and arguments of counsel to which exceptions were reserved are pressed for consideration and appear necessary for decision.

In the statement of the case to the jury and in argument, an immaterial and prejudicial…