Whitlatch v. . Fidelity and Casualty Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 14,1894, which affirmed a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, ■are stated in the opinion. The plaintiff had the affirmative of the issues raised by the pleadings, and the burden of proof upon the whole case rested on her and not on the defendant.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 14,1894, which affirmed a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, ■are stated in the opinion. The plaintiff had the affirmative of the issues raised by the pleadings, and the burden of proof upon the whole case rested on her and not on the defendant. That the plaintiff's burden may be assisted on some branch by a presumption which the defendant must rebut does not change the rule, that the…
1Opinion of the CourtBartlett, J.
The plaintiff sued to recover upon a policy on the life of her late husband, James W. Whitlatch, issued by the defendant, the death loss being payable to her.
The material conditions of the policy are as follows, viz.:
The deceased was insured “ in the sum of ten thousand dollars against death resulting from bodily injuries * * * through external, violent and accidental means which shall, independently of all causes, result in death within ninety days from the happening thereof.”
The exceptions limiting this liability were, “ that in case of death resulting from injuries wantonly inflicted by…
2Cases cited3 opinions
- Farmers' Loan & Trust Co. v. SiefkeNew York Court of Appeals · 1895
- Simpson v. DavisMassachusetts Supreme Judicial Court · 1876
- Whitlatch v. Fidelity & Casualty Co.New York Supreme Court · 1893
3Cited by70 opinions
- Watkins v. Prudential InsuranceSupreme Court of Pennsylvania · 1934
- Kay v. Metropolitan Street Railway Co.New York Court of Appeals · 1900
- Zuckerman v. Underwriters at Lloyd'sCalifornia Supreme Court · 1954
- Loudoun v. . Eighth Ave. R.R. Co.New York Court of Appeals · 1900
- Jones v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
65 more not listed; retrieve them via the Exa API.