Lawson v. Metropolitan Life Insurance

The opinion of the Court was delivered by

Mr. Justice Stabler.

In this case the plaintiff seeks damages growing out of a policy of accident insurance issued to him by the defendant company. The defendant made a motion before Judge T. S. Sease to strike out certain portions of. the complaint' — • about two-thirds by volume — on the ground of irrelevancy. The motion was denied, and the case went to trial, a verdict for $23.80 actual and $1,500.00 punitive damages resulting. Defendant appealed.

At the outset we are confronted with the crucial question as to the nature of the action. Does the…