Walther v. Southern Surety Co.

Opinion op the Court by

William Rogers Clay, Commissioner

Affirming.

John Walther was struck on the head with a club and died from the injuries'thus received. At that time he carried a special limited ten dollar accident and sickness policy in the Southern Surety Company. His wife, Addielee Walther, who was named as beneficiary, brought suit on the policy to recover the sum of $5,000.00. The court held that she was not entitled to $5,000.00, but only to $100.00. She appeals.

There being no cross appeal from that part of the judgment awarding plaintiff $100.00, the only question for decision is…