#LINGO MARINE INC. FULL#
#LINGO MARINE INC. TRIAL#

That he was standing on a public highway in Geneva County, Alabama, when said door so struck him in his right eye.

'That plaintiff lost the sight of his right eye as the direct result of said door striking him in his eye. That at the time the door struck plaintiff's eye it was attached to and a part of the body of the automobile truck itself and said door actually came in physical contact with plaintiff's right eye and that said door was not detached from said truck at this time, and at said time the automobile truck was parked and not in motion. 'That the injury to plaintiff's right eye was the result of an accident and was not intentional on the part of the plaintiff. That the reason for the stop at Slocomb, Alabama, was on account of the defective fan belt or water hose and that the purpose of the stop was to repair or replace them so that plaintiff could continue his trip to Mobile. 'That plaintiff's automobile truck was the type or kind of vehicle propelled by gasoline and was in fact being propelled at the time said repairs were being made or at the time the injury occurred. 'That on, to-wit, the 23rd day of April, 1944, the plaintiff was operating his automobile truck on a trip from Eufaula, Alabama, to Mobile, Alabama, when at a short distance out of Slocomb, Alabama, the fan belt on said truck broke and caused the truck's motor to run hot that upon entering Slocomb, Alabama, plaintiff stopped his truck on the public road or highway, purchased a new fan belt and replaced the broken one plaintiff thereupon ascertained that the water hose had also broken and while said truck was standing still on said public road or highway and while the said repairs were being made the said automobile truck was parked on the side of the highway, the engine or motor was cut off, and the said automobile truck was not in motion at the time of injury, and plaintiff was standing beside the truck on said public road or highway repairing or replacing said water hose the door of the cab of his truck was blown by the wind and struck him in the right eye causing bodily injuries to him and as a result thereof he lost the entire sight of his right eye.

#LINGO MARINE INC. FULL#

'That said policy was in full force and effect on April 23, 1944, and specifically at the time the cause of action sued on arose. It is agreed that in addition to the facts herein set forth said policy is a part of the evidence in this cause and that said cause is submitted for adjudication upon said policy as well as said agreed statement of facts. 'The defendant issued its policy number 7150971 to plaintiff on June 26, 1939, which said policy is attached hereto and by agreement made a part of this statement of facts and of the record in this cause and offered in evidence by plaintiff. The defendant is now a foreign corporation incorporated under the laws of the State of Florida and has been such foreign corporation continuously since before April 23, 1944, and is now doing and has continuously since before April 23, 1944, done business by agent in the City of Eufaula, Barbour County, Alabama. 'The plaintiff is and has been continuously since before April 23, 1944, a resident citizen of the City of Eufaula, Barbour County, Alabama.

#LINGO MARINE INC. TRIAL#

'Come the parties to this suit, by and through their respective Attorneys of Record, *Īnd waive a trial by jury of this cause as heretofore demanded by the plaintiff, and agree that said cause be submitted to the Court for adjudication upon the following agreed statement of facts as evidence.

This cause was submitted in the court below on the following agreed statement of facts:

Lingo marine inc.