Dillingham v. Tri-State Insurance Co.

On Petition to Rehear

Counsel for the appellant have filed a vigorous petition to rehear, in which it is sought to distinguish the present case from Carne v. Maryland Casualty Co., 208 Tenn. 403, 346 S.W.2d 259, insofar as the assignability of the cause of action is concerned. In the petition to rehear, it is stated:

“The facts in the case of Dr. Carne, Admx., are completely distinguishable from those in the case at bar. There, the right of action did not survive because suit on it was not commenced before Dr. Carne’s death. ’ ’

This petition further states:

“However, the question of what happens…