Brown v. Railway Passenger Assurance Co.
Supreme Court of Missouri
Error to First District Court. I. There is no proof that Brown was a passenger at the time he was killed, or that he was traveling on any conveyance of the kind described in the petition. EE. The question of vexatious refusal to pay, is a question of fact; and it was error in the court to instruct the jury that they had power to allow the plaintiff damages not exceeding ten per cent., in the absence of proof that the refusal to pay was vexatious.
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Error to First District Court. I. There is no proof that Brown was a passenger at the time he was killed, or that he was traveling on any conveyance of the kind described in the petition. EE. The question of vexatious refusal to pay, is a question of fact; and it was error in the court to instruct the jury that they had power to allow the plaintiff damages not exceeding ten per cent., in the absence of proof that the refusal to pay was vexatious. (28 Mo. 520-522 ; 36 Mo. 521; Gen. Stat. 1865, ch. 90, §1.) III. Miller, the agent of the defendant, had no right to delegate his authority to sell…
1Opinion of the CourtWagner, Judge
Although several questions have been discussed in the argument of this case, there is really but one requiring any particular consideration. The action was to recover the sum of $5,000, the amount of a policy issued by the defendant, insuring the plaintiff’s intestate against death by accident for the period of thirty days.
The ticket covering the insurance policy was in these words : “The Railway Passenger Assurance Company of Hartford, Conn., will p-ay the owner of this ticket twenty-five dollars per week in case of personal injury causing total disability, for a period not exceeding…
2Cited by21 opinions
- Thompson v. Traders' InsuranceSupreme Court of Missouri · 1902
- Rice v. Provident Life & Accident InsuranceMissouri Court of Appeals · 1937
- Schultz v. Queen Insurance CompanyMissouri Court of Appeals · 1965
- Pauley v. Business Men's Assurance Co. of AmericaMissouri Court of Appeals · 1924
- Wollums Ex Rel. Wollums v. Mutual Benefit Health & Accident Ass'nMissouri Court of Appeals · 1931
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