Kitchen v. North American Accident Insurance

Plaintiff, Gertrude Kitchen, widow of W. J. Kitchen, deceased, brought this action to recover as beneficiary under an accident insurance policy issued by the defendant to the decedent. There was a jury trial resulting in a verdict for plaintiff. The circuit court of Morgan county overruled motions for judgment notwithstanding the verdict and for a new trial and entered judgment on the verdict. Defendant appeals from that judgment.

The pleadings do not appear to have been challenged nor is the accuracy of the instructions to the jury questioned. The sole question presented by this appeal is…