COOPER v. PRUDENTIAL INS. CO.


329 Mass. 301 (1952)

107 N.E.2d 805

EDITH N. COOPER vs. PRUDENTIAL INSURANCE COMPANY OF AMERICA.

Supreme Judicial Court of Massachusetts, Suffolk.

September 25, 1952.


Attorney(s) appearing for the Case

Alonzo E. Yont, for the plaintiff.

Haywood W. Corbett, for the defendant, submitted a brief.

Present: QUA, C.J., LUMMUS, RONAN, SPALDING, & WILLIAMS, JJ.


QUA, C.J.

This action is by the beneficiary named in an insurance policy to recover under the accidental death benefit provisions of the policy a sum in addition to the regular death benefits. The insured was the husband of the plaintiff. The judge directed a verdict for the defendant and reported the question whether his action was error.

There was evidence that in the evening of November 6, 1948, the dead body of the insured, a man "a little better than...

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