Jarvis v. Pennsylvania Threshermen & Farmers' Mutual Casualty Insurance
Cases that cite this one
7 later published cases cite this decision.
- Utica Mutual Insurance v. Contrisciane (Pa. 1984)
- Maryland Automobile Insurance Fund v. Baxter (Md. Ct. Spec. App. 2009)
- Westerfield v. LaFleur (La. Ct. App. 1985)
- Gleason v. Merchants Mutual Insurance (District Court, D. Rhode Island 1984)
- State Farm Mutual Automobile Insurance Co. v. Farmers Insurance Co. (Mo. Ct. App. 1978)
- Allstate Insurance Co. v. Horn (Ill. App. Ct. 1974)
- Jarvis v. PENNSYLVANIA THRESHERMEN & F. MUT. CAS. INS. CO. (N.C. 1956)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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 was insufficient to show the deceased was entering the car at the time of the accident. For that reason, the judgment of the Superior Court of Wilkes County is
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.