Peoples M. Accident Ass'n v. Smith
Supreme Court of Pennsylvania
ERROR. TO THE COURT OF COMMON PLEAS OF BLAIR COUNTY. No. 376 January Term 1889, Sup. Ct.; court below, No. 199 January Term 1888, C. P. On January 6, 1888, Dr. George W. Smith brought assumpsit against the Peoples Mutual Accident Association of Pittsburgh, to recover upon a policy or certificate of membership, for the loss of the sight of an eye.
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ERROR. TO THE COURT OF COMMON PLEAS OF BLAIR COUNTY. No. 376 January Term 1889, Sup. Ct.; court below, No. 199 January Term 1888, C. P. On January 6, 1888, Dr. George W. Smith brought assumpsit against the Peoples Mutual Accident Association of Pittsburgh, to recover upon a policy or certificate of membership, for the loss of the sight of an eye. At the trial on February 2, 1889, the case showed that on September 4, 1887, while the plaintiff was driving his carriage he was struck in the right eye by the lash of his whip. The injury was very painful, and for about a week thereafter the…
1Opinion of the Court
*324Opinion,
Me. Chief Justice Paxson :
The plaintiff brought this action of assumpsit in the court below against the defendant company, on a policy or certificate of membership, for the loss of sight of an eye alleged to have been caused by an accidental stroke of a whip when handled by himself. The main question is whether he was sufficiently prompt in giving notice to the company of" the accident. The policy contains this provision: “ Provided further, In the event of any accidental injury, for which a claim may be made under this certificate, immediate written notice shall be given the…
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