Penn v. Standard Life Insurance
Supreme Court of North Carolina
Appeal by plaintiff from Adams, J., at August Term, 1912, of ROCKINGHAM. Tbe facts are sufficiently stated in tbe opinion of tbe Court by Mr. Justice Walker.
1Opinion of the CourtWalker, J.
Tbis is a petition to rebear tbis case, wbicb was decided by us at Fall Term, 1911, and is reported in 158 N. C. at p. 29, where tbe facts are stated. There is no new question in tbe case, as now presented, but tbe learned counsel for tbe plaintiff think that we have misapprehended tbe true nature and meaning of tbe charge of Judge Adams, who presided at tbe trial, and that, if properly construed, it would deny a recovery in a case where there was a former malady and an accident and tbe latter directly produced tbe injury as tbe efficient cause thereof, provided tbe malady itself would have…
2Cases cited10 opinions
- Freeman v. Mercantile Mutual Accident Ass'nMassachusetts Supreme Judicial Court · 1892
- Fetter v. Fidelity & Casualty Co.Supreme Court of Missouri · 1903
- Ingalls v. HobbsMassachusetts Supreme Judicial Court · 1892
- White v. Standard Life & Accident InsuranceSupreme Court of Minnesota · 1905
- Cary v. Preferred Accident InsuranceWisconsin Supreme Court · 1906
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- Mutual Benefit Health & Accident Ass'n v. HudmanTexas Supreme Court · 1965
- Hall v. General Accident Assurance Corp.Court of Appeals of Georgia · 1915
- McCain v. Hartford Live Stock InsuranceSupreme Court of North Carolina · 1925
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