Gorham v. Pacific Mutual Life Insurance

Staoy, O. J.

Tbe burden of tbe petition to rebear is tbat tbe Court bas misinterpreted tbe record, or, if not, tbe record should be corrected and clarified to make it speak tbe truth, and as tbus amended,' reconsidered. In its initial allegation tbe petition is not unlike tbe one filed in Cook v. Mfg. Co., 183 N. C., 48, 110 S. E., 608. Beyond tbis tbe analogy ceases.

First. Exception is taken to tbe bolding tbat tbe theory of tbe trial precluded any consideration on appeal of whether tbe case was one for tbe jury on tbe issue of accidental death or death through accidental means, and to the…