Bacon v. Life & Casualty Insurance Co. of Tennessee

CAYTON, Acting Associate Judge.

The life of James F. Holmes was insured by a life and accident policy. After his death the policy was assigned to plaintiff, Bacon Funeral Home, which brought this action. The insurance company contended that there was no liability under the policy which insured against death by “ * * * violent, external, and accidental means * * * while standing [or] walking * * * on a public highway.” The trial judge entered judgment for the insurer and plaintiff appealed.

The evidence, as it appears in a stenographic transcript, was accurately summarized by the trial judge in…