Legal Opinion

Forcht v. North American Life & Casulty Co.

South Dakota Supreme Court

Decided June 3, 1919No. File No. 4525Published

Appeal from Circuit 'Court, Hamlin County. Hon. W. N. Skinner, Judge. Action -by Hazel Porcht, against the North American Pife and Casulty Company, a corporation, to recover upon a policy of accident insurance. Prom a judgment for plaintiff, and from an • order denying a new trial, defendant appeals.

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Appeal from Circuit 'Court, Hamlin County. Hon. W. N. Skinner, Judge. Action -by Hazel Porcht, against the North American Pife and Casulty Company, a corporation, to recover upon a policy of accident insurance. Prom a judgment for plaintiff, and from an • order denying a new trial, defendant appeals. (2) To point two of the opinion, Appellant cited: 1 C. J. 444; 8 Words and Phrases Judicially Defined, 7149; Romm ell v. National Travelers Benefit Association, |Iowa),' 166 N. W. Rep. 455; Hodgson v. Dexter, 12 Fed. Cas. 283. Respondent cited: Civ. Code 1903, Sec. 1871; Union Mutual Accident…

1Opinion of the CourtMcCOY, J.

' This action was instituted to recover on a policy of accident insurance providing, among other things, indemnity for loss of life by accidental means. The cause was submitted to the court without a jury upon a stipulated statement of facts. Judgment was rendered thereon in favor of plaintiff, and • defendant appeals.

The only assignment of error that can be considered on this record is that the judgment is not sustained by the stipulated fácts, *29which stand in the place and in lieu of findings of fact. It appears from the stipulation: That on the 25th day of October, 1913, appellant insurance…

2Cases cited1 opinion

  1. Richards v. Travelers' InsuranceSouth Dakota Supreme Court · 1904

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