Jones v. Life & Casualty Co.

Pee, Cueiam. The dead body of Fred J. Jones, the insured, was found on a public street in the city of Lexington, N. C., about 8 o’clock, on the night of 9 January, 1929. The policy sued on in this action was then in force. There was no evidence, however, at the trial of this action from which the jury could have found that he had been struck by a vehicle while walking or standing in the street. There were wounds on his body showing injuries sufficient to have caused his death. There was no evidence tending to show how or by whom these injuries were inflicted. In the absence of evidence tending to show that the insured was struck by a vehicle and that the fatal injuries were thereby inflicted, *773 there was no error in tbe judgment dismissing tbe action as of nonsuit. Tbe burden was on tbe plaintiff to show by evidence tbat defendant is liable to ber under tbe terms of tbe policy. Tbis she failed to do. Tbe judgment must, therefore, be Affirmed.