Hutcherson v. Sovereign Camp

I regret that I cannot concur in the opinion of the majority of my brethren rendered in this case. I agree with them in the holding that a prima facie case was made out by the plaintiffs in error and that the burden of proof upon the issue of "accident" or no accident is upon the defendant in error, the latter being defensive matter. I also agree that this court is bound by the agreed statement of facts, and that we cannot deviate therefrom as to the evidence to be considered. But I cannot concur in the conclusion that the insured was killed by the beneficiary by "accident." And feeling…