Miller v. Inter-Ocean Casualty Co.

Lively, Judge:

Margie Miller obtained a judgment of $1,207.25 against Inter-Ocean Casualty Company on an accident policy issued to J. Byrd Miller, and the Casualty Company prosecutes error.

On December 16, 1928, J. Byrd Miller, the insured, accompanied by two companions, started from Edwight, Raleigh County, in a five passenger sedan automobile. About seven o’clock that evening, which was damp and cold, the car became so mired in the mud that Miller could not drive it farther by the power of the engine. Efforts to pull the car, the chassis of which rested on the ground, out of the mud having…