Insurance Co. v. Brame
Supreme Court of the United States
Error to the Circuit Court of the United States for the District of Louisiana. This is an action by the Mobile Life Insurance Company against Brame, to recover the sum of 17,000. The plaintiff alleged that it insured the life of one Craven McLemore, a citizen of Louisiana, for that amount in favor of third parties; that on the 24th of October, 1875, while its policies were in force, Brame did, in the town of Delhi, in Louisiana, wilfully shoot said McLemore, and inflict upon…
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Error to the Circuit Court of the United States for the District of Louisiana. This is an action by the Mobile Life Insurance Company against Brame, to recover the sum of 17,000. The plaintiff alleged that it insured the life of one Craven McLemore, a citizen of Louisiana, for that amount in favor of third parties; that on the 24th of October, 1875, while its policies were in force, Brame did, in the town of Delhi, in Louisiana, wilfully shoot said McLemore, and inflict upon him a mortal wound, from the effécts of which he died on the twenty-sixth day of that month; that the shooting was an…
1Opinion of the CourtJustice Hunt
The argument of the insurance company is that the killing of the deceased was an injury to or violation of a legal tight or interest of the. company; that, as a consequence thereof, it sustained a loss, which is the proximate effect of the injury.
The answer of the defendant is founded upon the theory that the loss is, the remote and indirect result merely of the act' charged, that at the_ common law no civil action lies for an injury which results in the death of the party injured, and that the statutes of Louisiana upon that subject do not include the present case.
The authorities aré so…
2Cases cited10 opinions
- Hyatt v. AdamsMichigan Supreme Court · 1867
- Connecticut Mutual Life Insurance v. New York & New Haven RailroadSupreme Court of Connecticut · 1856
- Hubgh v. New Orleans & Carrollton RailroadSupreme Court of Louisiana · 1851
- Indianapolis, Pittsburg, & Cleveland Railroad v. Keely's AdministratorIndiana Supreme Court · 1864
- Shields v. YongeSupreme Court of Georgia · 1854
5 more not listed; retrieve them via the Exa API.
3Cited by118 opinions
- Moragne v. States Marine Lines, Inc.Supreme Court of the United States · 1970
- Michigan Central Railroad v. VreelandSupreme Court of the United States · 1913
- Loucks v. . Standard Oil Co.New York Court of Appeals · 1918
- St. Louis, Iron Mountain & Southern Railway Co. v. CraftSupreme Court of the United States · 1915
- Van Beeck v. Sabine Towing Co.Supreme Court of the United States · 1937
113 more not listed; retrieve them via the Exa API.