State Farm Mut. Auto. Ins. Co. v. Johnson
| Decision Date | 02 October 1961 |
| Docket Number | No. 41946,41946 |
| Citation | 133 So.2d 288,242 Miss. 38 |
| Parties | STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. Mrs. Mary Barnette JOHNSON. |
| Court | Mississippi Supreme Court |
Lipscomb & Barksdale, Jackson, for appellant.
J. E. Smith, Carthage, Albert Dickens, Jr., Jackson, for appellee.
The appellee Mrs. Mary Barnette Johnson, plaintiff in the court below, obtained a judgment against the appellant, State Farm Mutual Automobile Insurance Company, defendant in the court below, on an automobile liability insurance policy for the sum of $971 with interest thereon from the 26th day of February 1959; and from that judgment the appellant has prosecuted this appeal.
The policy appears to have been issued to Louis G. Johnson, the appellee's husband, on January 31, 1957, and to have been renewed from time to time, and was in full force and effect at the date of the alleged accident. The policy covered a 1952 Nash 4-door sedan automobile owned by the appellee's husband at the time the policy was issued and at the time of the alleged accident; and among other coverages the policy provided, as follows:
The case was tried by agreement of the parties upon a stipulation as to the facts without the intervention of a jury.
The stipulation showed facts as follows: On August 14, 1958, about 6:00 o'clock p. m., the said Louis G. Johnson had been driving his Nash automobile on a private road leading from his pond to a public road, in Leake County, when he drove across a bridge and the right rear wheel of his car dropped off the bridge; he obtained the assistance of Joe Odom and they procured a piece of 2" X 8" oak bridge timber, jacked up the car and placed the timber under the wheel parallel with the right bottom side of the car. Odom then got in the car to attempt to drive it forward and off the bridge. Mr. Johnson was standing on the left side of the car when Odom got in to drive. Odom cranked the car, put it in gear and the car moved forward. Odom did not feel the wheels spin but he felt the car go down a little. Odom stopped the car and when he got out of the car he saw Mr. Johnson lying down on the right side of the bridge to the rear of the car. Mr. Johnson said 'Oh' twice and was holding his stomach with his hands. Odom seeing that he was hurt summoned help, and Mr. Johnson was taken to the Leake County Memorial Hospital, where he was seen by a physician who found an area of discoloration in his heart. It was stipulated and agreed that prior to the date of the accident Mr. Johnson was in apparent good health, and that when his car was started by Odom the wheel caused the 2" X 8" oak bridge timber to be thrown up or projected against him causing accidental injuries as a result of which he died. It was further stipulated that no one saw Mr. Johnson actually touching the car at the time of the accident, but that he was in the near vicinity of the car, and that the car was at that time being used with his permission.
It was further stipulated that the appellee, Mrs. Mary Barnette Johnson, sole surviving heir of Louis G. Johnson, deceased, and sole beneficiary under the terms of his will, expended the sum of $971 in payment of the funeral expenses, and that if she was entitled to recover any sum under the policy, the amount of such recovery should be the said sum of $971.
The trial judge filed a written finding of facts based upon the above mentioned stipulation, and, as stated above, rendered judgment for the plaintiff.
The appellant's attorneys have assigned and argued under a single heading three points as ground for...
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Bowab v. St. Paul Fire & Marine Ins. Co., 819
...to the tractor was equivalent to being struck by the tractor. The Supreme Court of Mississippi, in State Farm Mutual Automobile Insurance Company v. Johnson, 242 Miss. 38, 133 So.2d 288, held that the decedent had been 'struck by the automobile,' within the meaning of the medical payments p......
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