Maryland Casualty Co. v. Maloney
Supreme Court of Arkansas
Appeal from Drew 'Circuit Court; H. W. Wells, Judge; 1. In all blood-poisoning cases caused from without, there must he ,a chain of causation from the accident to death, which must have its origin in an abrasion of the skin or wound of some ¡kind. 85 Fed. 401; 97 N. W. 91; 11 L. R. A. (N. S.) 1069; 8 Id. 68; 5 Id. 926. Where there is no abrasion or wound, there is no septi-caemia, ¡and there can be no recovery. 154 Fed. 484; 11 L. R. A. (N. iS.) 1069; 8 Id. 68. This was a…
Read the full summary
Appeal from Drew 'Circuit Court; H. W. Wells, Judge; 1. In all blood-poisoning cases caused from without, there must he ,a chain of causation from the accident to death, which must have its origin in an abrasion of the skin or wound of some ¡kind. 85 Fed. 401; 97 N. W. 91; 11 L. R. A. (N. S.) 1069; 8 Id. 68; 5 Id. 926. Where there is no abrasion or wound, there is no septi-caemia, ¡and there can be no recovery. 154 Fed. 484; 11 L. R. A. (N. iS.) 1069; 8 Id. 68. This was a bed sore case and not covered by the policy. The verdict was based on presumption. Juries are not allowed to speculate as…
1Opinion of the CourtMcCulloch, C. J.
This is an action to recover upon a policy of accident insurance issued hy defendant, Maryland Casualty Company, to Edward H. Maloney, the husband of the plaintiff. It is alleged that plaintiff’s husband, while confined to his bed by illness and was being attended by a hired nurse,' received an accidental injury to his coccyx hone by the nurse striking it in attempting to place a bed pan under him; that an abrasion of the skin was caused; and that infection started at tire place which produced blood poisoning and that his death resulted from it.
The case has been here once before on the appeal…
2Cases cited14 opinions
- Green v. CrapoMassachusetts Supreme Judicial Court · 1902
- Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1883
- People v. . BloomNew York Court of Appeals · 1908
- Briesenmeister v. Supreme Lodge Knights of Pythias of the WorldMichigan Supreme Court · 1890
- Mutual Life Insurance v. OwenSupreme Court of Arkansas · 1914
9 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Aetna Life Insurance Co. v. SpencerSupreme Court of Arkansas · 1930
- Shepherd v. State Auto Property & Casualty InsuranceSupreme Court of Arkansas · 1993
- Novak v. RathnamIllinois Supreme Court · 1985
- Equitable Life Assurance Society of the United States v. RummellSupreme Court of Arkansas · 1974
- Arizona Eastern Railroad v. MatthewsArizona Supreme Court · 1919
24 more not listed; retrieve them via the Exa API.