MacKey v. Commonwealth Casualty Co.

Action upon an accident insurance policy. Plaintiff recovered and defendant appealed.

The ease was tried before the court without a jury upon an agreed statement of facts. The only assignment of error is to the effect that upon the agreed statement of facts the plaintiff could not recover, The agreed facts as far as necessary to quote are as follows: The plaintiff rode as a passenger upon a vestibule passenger coach of the Frisco Railroad from Monett to Carthage, Missouri. The agreed statement of facts states, “When said train came to a stop at said station, the plaintiff arose from her seat…