Milstead v. Kaylor

On Petition to ReheaR.

The defendant in error, defendant below, has filed an earnest petition to rehear, wherein he vigorously attacks the conclusion of this Court that there is no material or substantial evidence herein upon which the trial court could find that the cause of death “is left to speculation.”

It is asserted by the petition to rehear that this conclusion overrules those cases in Tennessee which declare the rule to be that we on appeal “do not reweigh the evidence.” It is said that we have substituted our opinion for that of the trial court whose finding is to be given the weight…