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JARVIS v. PENNSYLVANIA THRESHERMEN & F. MUT. CAS. INS. CO.

No. 381.

94 S.E.2d 843 (1956)

244 N.C. 691

Paul JARVIS, Administrator of the Estate of L. P. Jarvis, Deceased, and Paul Jarvis, Individually, v. PENNSYLVANIA THRESHERMEN & FARMERS' MUTUAL CASUALTY INSURANCE COMPANY.

Supreme court of North Carolina.

October 31, 1956.

Attorney(s) appearing for the Case

Hayes & Hayes, North Wilkesboro, for plaintiff, appellant.

Larry S. Moore, North Wilkesboro, for defendant, appellee.

PER CURIAM.

The burden of proof was upon the plaintiff to show coverage under the quoted provision of the policy. That is, that the deceased was entering the truck at the time of the accident. The evidence viewed in the light most favorable to the plaintiff shows no more than that Jarvis was in the highway approaching the truck from the rear when run down by the Barrett car and killed. The doors to the truck were closed and undamaged. We must conclude the evidence...

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