Accident Ins. Department of Order of Railway Conductors of America v. Brooks

On Petition for Rehearing.

THOMAS, J.

When the whole proceedings are considered together — pleadings and evidence — the trial of the issues of fact were on the theory that the contract of the parties was evidenced by the application and certificate of insurance into which entered the laws of the order that were applicable, and that the issue was whether plaintiff gave the required, notice of his injury within a reasonable time after he had discovered that injury. To the pleas of the defendant were directed several replications, 1 to 4, inclusive, and to which demurrer was overruled as to some…