Union Casualty & Surety Co. v. Mondy

This was an action npon a policy of accident insurance by the guardian of infant beneficiaries resulting- in verdict and judgment for plaintiff. Defendant appeals. 135 errors are assigned. . All of 'Which wé-have- considered, ■ but discuss only those *397.which counsel apparently consider .most important, and which we regard so.

The complaint alleges that insured in discharging his duties as porter upon a sleeping car was accidently struck upon the head by the falling of a berth, and from the injuries so sustained died.

These allegations the answer denies. •

1. Defendant contends that there is no…