BRITTON v. PRUDENTIAL INSURANCE CO. OF AMERICA


330 S.W.2d 326 (1959)

Mrs. Leota BRITTON, Adm'x, etc. v. PRUDENTIAL INSURANCE CO. OF AMERICA.

Supreme Court of Tennessee.

December 11, 1959.


Attorney(s) appearing for the Case

Fraker, Silvers & Coleman, Greeneville, for Mrs. Britton.

S.J. Milligan, Greeneville, Ernest F. Smith, Kingsport, Penn, Hunter, Smith & Davis, for Prudential Ins. Co.


BURNETT, Justice.

Both parties heretofore petitioned for certiorari which certioraris have been granted. Briefs have been filed, arguments heard and we now have the matter for disposition.

On February 2, 1958, the insured, aged 70, slipped and fell on icy pavement, breaking his hip. At the time of this fall he was suffering from arteriosclerosis which is usual for a person of this man's age. Otherwise his health was normal and he was engaged in normal activity...

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