Home Ben. Ass'n of Paris v. Smith

WILLSON, O. J.

(after stating the case as above). [1] It appears in the statement above that by the terms of the policy sued on appellant was ngt liable for the additional sum therein stipulated for unless Smith’s death was from an accident. Appellant insists that, while it may have appeared that his (Smith’s) death was an accidental one, it did not appear from- the evidence that it was from or because of an accident, and that the trial court, therefore, erred when he refused its request that he instruct the jury to return a verdict in its favor.

In support of its contention appellant cites…