Commonwealth Casualty Co. v. Coogle

On Rehearing.

On rehearing appellant insists that our decision of affirmance is necessarily in conflict with the decisions in Scott v. Brazile (Tex.Com.App.) 292 S.W. 185, and Washington County State Bank v. Central Bank Trust Co. (Tex.Civ.App.) 168 S.W. 456; therefore request is made for a conclusion of fact and law upon the material points assigned as error. We grant the request, but dissent from the idea that the cases mentioned are in point, or that our decision is in conflict with either.

This suit had its origin in a justice court, and is based upon an accident policy alleged to have been…