Barnes v. Industrial Life & Health Insurance

The Opinion of the Court was delivered by

Mr. Associate Justice Baker,

with Messrs. Associate Justices FishburnE and StukEs dissenting:

The complaint in this case is apparently patterned on the complaint in the case of Neely against the same defendant, which case was before this Court in 1939, and is reported in 192 S. C., 71, 5 S. E. (2d), 568. But upon a trial of the instant case, the testimony discloses material differences; and in this case the defendant (respondent) timely took the position that it was the plaintiff's (appellant's) duty to read her policy or to have it read to her; that she…