MUTUAL LIFE INS. CO. v. RATHER

No. 39255.

221 Miss. 527 (1954)

73 So.2d 163

67 Adv. S. 97

MUTUAL LIFE INS. CO. OF NEW YORK v. RATHER, et al.

Supreme Court of Mississippi.

June 14, 1954.


Attorney(s) appearing for the Case

Lipscomb, Ray & Barksdale, Jackson, for appellant.

Smith & Hurdle, Holly Springs, for appellees.


LEE, J.

John E. and Hugh H. Rather, Jr., as beneficiaries, sued the Mutual Life Insurance Company of New York to recover a double indemnity benefit of $3,000 on the life of their father, Hugh H. Rather, deceased. There was a verdict for the plaintiffs, and the insurance company appealed.

The sole question presented by the pleadings and proof was whether or not the death "resulted directly from bodily injury ... independently...

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