Slade v. . Insurance Co.

This is an action on a policy of insurance by which the defendant, in consideration of the payment of premiums as stipulated therein, promised and agreed to pay to the plaintiff as the beneficiary named in said policy, the sum of $1,000, at the death of Charlie Lee, the insured, provided his death resulted from injuries caused "by his being struck by a vehicle which is being propelled by . . . gasoline . . . while insured in walking or standing on a public highway."

The policy was issued on 15 October, 1928. On 3 February, 1931, the insured, Charlie Lee, was struck and killed by a truck which…