Whitlatch v. Fidelity & Casualty Co.
New York Supreme Court
Appeal from circuit court, Kings county. Action by Josephine Whitlatch against the Fidelity & Casualty Company of New York on an accident insurance policy. There was a judgment in favor of plaintiff, and defendant appeals. Affirmed.
1Opinion of the CourtPratt, J.
The cause has been twice tried, and is reported in 71 Hun, 146, 24 N. Y. Supp. 537. The rule was then laid down that, upon the pleadings, the burden of proving death by suicide rested upon the defendant. Upon the trial now under consideration, the circuit judge applied the rule, as given him by the general term, and the result was in favor of the plaintiff. Upon the facts there was but one question for the jury; that was whether the death of Whitlatch was the result of accident or suicide. No one was present when the pistol was discharged. Each party tried to produce evidence that would shed…
2Cases cited1 opinion
- Whitlatch v. Fidelity & Casualty Co.New York Supreme Court · 1893
3Cited by2 opinions
- Whitlatch v. Fidelity & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Harms v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1901