Burrell v. Provident Life & Accident Insurance

This is a suit on an accident policy of insurance, exhibited with the hill, to recover $506 for the loss of an eye. By demurrer it was insisted that the hill did not state a cause of action. The chancellor overruled the demurrer. Defendant- declined to plead further, a pro confesso was taken, and a decree entered in favor of complainant for the sum sued for. Defendant appealed, and by appropriate assignments of error insists that its demurrer should have been sustained and the hill dismissed.

The facts are thus stated in the hill:

‘ ‘ On June 14, 1930, the complainant, while leaning over a box…