Jamison v. Continental Casualty Co.
Missouri Court of Appeals
Appeal from Texas Circuit Court. — Hon. L. B. Wood-side, Judge. (1) The petition does not state facts which will warrant the judgment rendered in this case; in this, that it fails to state that the mortal wound from which death resulted, was received from accidental causes, but disclaims all knowledge as to how the wound was received. Laessig v. Protective Association, 169 Mo. 280; Bank v. Fisher, 55 Mo.
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Appeal from Texas Circuit Court. — Hon. L. B. Wood-side, Judge. (1) The petition does not state facts which will warrant the judgment rendered in this case; in this, that it fails to state that the mortal wound from which death resulted, was received from accidental causes, but disclaims all knowledge as to how the wound was received. Laessig v. Protective Association, 169 Mo. 280; Bank v. Fisher, 55 Mo. App. 53. (2) The case was tried upon the theory that the burden of proof was on the defendant. This is the theory of the plaintiff in his pleadings, and seems to have been the theory of the…
1Opinion of the CourtGoode, J.
The plaintiff sued an accident insurance company, on a policy of insurance to recover one" thousand dollars. The policy was taken by Oscar Jamison, in favor of his father, the plaintiff. The contract contained, among other things, a stipulation that the company would pay to the plaintiff one thousand dollars if the insured, during the life of the policy, should meet death by external, violent and purely accidental means. The deceased was employed by the Grulf, Colorado & Santa Fe Railroad Company and was killed, presumably, by being struck by a train. He was a bridge carpenter, but had been…
2Cases cited16 opinions
- Manufacturers' Accident Indemnity Co. v. DorganCourt of Appeals for the Sixth Circuit · 1893
- Meadows v. Pacific Mutual Life InsuranceSupreme Court of Missouri · 1895
- Freeman v. Travelers' InsuranceMassachusetts Supreme Judicial Court · 1887
- Equitable Accident Insurance v. OsbornSupreme Court of Alabama · 1890
- Keene v. New England Mutual Accident Ass'nMassachusetts Supreme Judicial Court · 1894
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3Cited by5 opinions
- Rickey v. New York Life InsuranceMissouri Court of Appeals · 1934
- Thompson v. BondDistrict Court, W.D. Missouri · 1976
- Boillot v. Income Guaranty Co.Missouri Court of Appeals · 1935
- Powell v. Travelers Protective Ass'nMissouri Court of Appeals · 1911
- Bateman v. Travelers InsuranceMissouri Court of Appeals · 1905