Legal Opinion

Burns v. Employers' Liability Assurance Corp.

Ohio Supreme Court

Decided July 20, 1938No. 26958PublishedCited by 33 opinions

1Opinion of the CourtGorman, J.

Although there is nothing in the record to so indicate, we assume from the statements contained in the briefs of both counsel that the law of Ohio is to govern the construction of the terms of the policy..

Briefly, we are to consider whether the death of one caused by amebic dysentery, contracted from drinking water infected by the breaking of a sewer pipe, is the result of a bodily injury sustained by accidental means.

There is little to guide us in the decided cases of this state with reference to the construction of an insurance policy of this.nature. Primarily we are to determine the line…

2Cases cited42 opinions

  1. United States Mutual Accident Ass'n v. BarrySupreme Court of the United States · 1889
  2. Landress v. Phoenix Mutual Life InsuranceSupreme Court of the United States · 1934
  3. Western Commercial Travelers' Ass'n v. SmithCourt of Appeals for the Eighth Circuit · 1898
  4. Manufacturers' Accident Indemnity Co. v. DorganCourt of Appeals for the Sixth Circuit · 1893
  5. Healey v. Mutual Accident Ass'n of the NorthwestIllinois Supreme Court · 1890

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3Cited by33 opinions

  1. Tomlinson v. SkolnikOhio Supreme Court · 1989
  2. Eagle-Picher Industries, Inc. v. Liberty Mutual InsuranceCourt of Appeals for the First Circuit · 1982
  3. Eagle-Picher Industries, Inc. v. Liberty Mutual Insurance Company, Eagle-Picher Industries, Inc. v. Liberty Mutual Insurance Company, Philip Alan Froude, Eagle-Picher Industries, Inc. v. Liberty Mutual Insurance Company, American Motorists Insurance CompanyCourt of Appeals for the First Circuit · 1982
  4. Smith's CaseMassachusetts Supreme Judicial Court · 1940
  5. Burns v. United StatesDistrict Court, N.D. Ohio · 1959

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