Columbia Paper Stock Co. v. Fidelity & Casualty Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court . — Hon. D. D. Fisher, Judge. (1) A disease produced by a known cause, as acute kidney disease or dropsy engendered by absorption of poison, resulting from exposure due to handling infected paper or rags, in the regular course of one’s employment, is not a bodily injury accidentally suffered within the purview of the employer’s policy in evidence in this case. Bacon v. United States & M. Acc.
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Appeal from St. Louis City Circuit Court . — Hon. D. D. Fisher, Judge. (1) A disease produced by a known cause, as acute kidney disease or dropsy engendered by absorption of poison, resulting from exposure due to handling infected paper or rags, in the regular course of one’s employment, is not a bodily injury accidentally suffered within the purview of the employer’s policy in evidence in this case. Bacon v. United States & M. Acc. Assn., 123 N. Y. 304; 26 N. E. Rep. 399 ; Sinclair Admx. v. Maritime Passgr. Assn. Co., El. & El. 478; Dozier v. Fidelity & Casualty Co., 46 Fed. 446, 449. (2)…
1Opinion of the CourtReyburn, J.
(after stating the facts as above).— 1. The assignments of error presented by appellant are subdivided but the argument on its behalf may be reduced to two principal contentions. The first of the general agreements, as they are termed in the policy, stipulated that the assured upon the occurrence of an accident should give immediate notice thereof with the fullest information obtainable at the time, to the home office of appellant at New York, or its duly authorized agent, etc. It appeared in evidence that the chief office of respondent was in the city of St. Louis, with a subordinate office…
2Cases cited19 opinions
- United States Mutual Accident Ass'n v. BarrySupreme Court of the United States · 1889
- American Surety Company v. PaulySupreme Court of the United States · 1898
- Freeman v. Mercantile Mutual Accident Ass'nMassachusetts Supreme Judicial Court · 1892
- Fetter v. Fidelity & Casualty Co.Supreme Court of Missouri · 1903
- Trippe v. Provident Fund SocietyNew York Court of Appeals · 1893
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3Cited by22 opinions
- Caldwell v. Travelers Insurance Co.Supreme Court of Missouri · 1924
- White v. SmithMissouri Court of Appeals · 1969
- Hope Spoke Co. v. Maryland Casualty Co.Supreme Court of Arkansas · 1912
- Chapin v. Ocean Accident & Guarantee Corp.Nebraska Supreme Court · 1914
- Soukup v. Employers' Liability Assurance Corp.Supreme Court of Missouri · 1937
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