Smith v. Aetna Life Insurance
Supreme Court of Iowa
Appeal from Black Hawk District Court.— "LIon. A. S. Bi,air, Judge. Action upon a policy of accident insurance, by tlie beneficiary therein, to recover the sum of $2,000; being the indemnity provided in said policy in case of the death of the assured, Samuel E. Smith, who was plaintiff’s husband. There was a jury trial, which resulted in a verdict for plaintiff. From the judgment rendered thereon, defendant appeals.-
1Opinion of the CourtWaterman, J.
*2191 2 *2203 *218Samuel E. Smith, who was a deputy sheriff of Black Hawk county, lost his life by stepping or falling from a rapidly moving train on the Illinois Central Railroad as he was returning to his home in Waterloo, from a *219trip to Independence, where he had been for the purpose of taking a patient to the hospital for the insane. The accident happened shortly after midnight of September 7, 1899. The first complaint made is that the evidence does not sustain the verdict, in this: The burden was upon plaintiff to establish that Smith’s death was the result of an accident, and the evidence does not so…
2Cases cited10 opinions
- Jones v. United States Mutual Accident Ass'nSupreme Court of Iowa · 1894
- Travelers' Ins. Co. of Hartford v. RandolphCourt of Appeals for the Sixth Circuit · 1897
- Equitable Accident Insurance v. OsbornSupreme Court of Alabama · 1890
- Feder v. Iowa State Traveling Men's Ass'nSupreme Court of Iowa · 1899
- Sutherland v. Standard Life & Accident InsuranceSupreme Court of Iowa · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Pacific Mutual Life Ins. Co. v. AdamsSupreme Court of Oklahoma · 1910
- National Life & Accident Insurance v. LokeySupreme Court of Alabama · 1910
- Brown v. West Riverside Coal Co.Supreme Court of Iowa · 1909
- Ward v. Penn Mutual Life Insurance CompanyMissouri Court of Appeals · 1961
- Da Rin v. Casualty Co. of AmericaMontana Supreme Court · 1910
7 more not listed; retrieve them via the Exa API.