Atlanta Accident Ass'n v. Alexander
Supreme Court of Georgia
Action on insurance policy. Before Judge Reid. City court of Atlanta. November term, 1897. The policy sued on was payable to the plaintiff, and insured her husband against “personal bodily injuries effected . . through external, violent, and accidental means, subject to the charter and by-laws of this association.”
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Action on insurance policy. Before Judge Reid. City court of Atlanta. November term, 1897. The policy sued on was payable to the plaintiff, and insured her husband against “personal bodily injuries effected . . through external, violent, and accidental means, subject to the charter and by-laws of this association.” It provided that “this insurance shall not cover . . injuries of which there is no visible mark upon the body, nor accidental injuries or death resulting from or caused directly or indirectly, wholly or in part, by disease or bodily infirmity, hernia, . . rupture,” etc. Plaintiff…
1Opinion of the CourtSimmons, C. J.
1. In the case of U. S. Mutual Acc. Ass’n v. Barry, 131 U. S. 100, it appeared that three persons jumped to the ground from a platform four or five feet high. Two of them landed safely, while Barry was inj ured by the jump. This seemed to have caused some disarrangement of the stomach; and after lingering nine days, Barry died. There was no evidence of anything unusual in the jump. The question was submitted by the trial judge to the jury, who found that Barry’s death was caused by accident and was the result of external, violent, and accidental means. The case was carried to the Supreme…
2Cases cited1 opinion
- United States Mutual Accident Ass'n v. BarrySupreme Court of the United States · 1889
3Cited by59 opinions
- Caldwell v. Travelers Insurance Co.Supreme Court of Missouri · 1924
- Thornton v. Travelers InsuranceSupreme Court of Georgia · 1902
- United States Fidelity & Guaranty Co. v. HoodMississippi Supreme Court · 1920
- Lickleider v. Iowa State Traveling Men's Ass'nSupreme Court of Iowa · 1918
- Lehman v. Great Western Accident Ass'nSupreme Court of Iowa · 1911
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