Security Savings & Trust Co. v. Commercial Casualty Insurance

This is an action to recover on an insurance policy issued by the defendant in the amount of $10,000, payable to Mrs. Alice MeCredie in the event of the accidental death of C. Y. Wigfall. The first trial resulted in a judgment for the defendant insurance company. On appeal the judgment was reversed and the cause remanded for a new trial because error was committed in excluding the dying declarations of the assured relating to the cause of his death. (McCredie v. Commercial Casualty Insurance Co., 142 Or. 229 (20 P. (2d) 232)). The jury failed to agree on the second trial. The third trial…