Peterson v. Locomotive Engineers Mutual Life & Accident Insurance
Supreme Court of Minnesota
Action in tbe district court for Hennepin county to recover $780 upon defendant’s policy of insurance. The answer alleged that plaintiff received no injury at the time and place alleged, or any injury entitling him to any insurance under the certificate, and specifically alleged that plaintiff had not lived up to the contract of which his certificate of membership was a part.
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Action in tbe district court for Hennepin county to recover $780 upon defendant’s policy of insurance. The answer alleged that plaintiff received no injury at the time and place alleged, or any injury entitling him to any insurance under the certificate, and specifically alleged that plaintiff had not lived up to the contract of which his certificate of membership was a part. The case was tried before Hale, J., who denied defendant’s motion for a directed verdict, and a jury which returned a verdict of $811.20 in favor of plaintiff. From an order denying its motion for a new trial, defendant…
1Opinion of the Court
Taylor, C.
Plaintiff brought suit upon an accident policy issued by defendant and recovered a verdict. A motion for a new trial was denied and defendant appealed.
While plaintiff, a locomotive engineer upon a Great Northern passenger train, was running at a rate of 45 or 50 miles per hour, his engine, for some unexplained reason, “jumped” the track and went down a 15-foot embankment. Plaintiff jumped or was thrown from the engine and apparently was unconscious for a few moments, but arose unaided and went to the assistance of the fireman. The «external marks of injury upon his person consisted…
2Cases cited8 opinions
- United States Mutual Accident Ass'n v. BarrySupreme Court of the United States · 1889
- Horsfall v. Pacific Mutual Life InsuranceWashington Supreme Court · 1903
- Menneiley v. Employers' Liability Assurance Corp.New York Court of Appeals · 1896
- Pennington v. Pacific Mutual Life InsuranceSupreme Court of Iowa · 1892
- Thayer v. Standard Life & Accident InsuranceSupreme Court of New Hampshire · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Cavallero v. Travelers Insurance Co.Supreme Court of Minnesota · 1936
- Parker v. North American Accident Ins.West Virginia Supreme Court · 1917
- Feis v. United States InsuranceNebraska Supreme Court · 1924
- Otey v. John Hancock Mutual Life InsuranceWest Virginia Supreme Court · 1938
- Order of United Commercial Travelers v. SevierCourt of Appeals for the Eighth Circuit · 1941