Legal Opinion

Archibald v. Order of United Commercial Travelers

Supreme Judicial Court of Maine

Decided November 4, 1918PublishedCited by 2 opinions

Action to recover the sum due under a policy of insurance issued: by defendant. Defendant filed plea of general issue and also brief statement. Verdict for plaintiff in the sum of $6300. At close of evidence, defendant filed motion asking that the court direct a verdict in favor of defendant. Motion was overruled by presiding Justice; to which ruling, and other rulings of court, defendant filed exceptions. Case stated in opinion.

1Opinion of the CourtCornish, C. J.

On January 2, 1914, the defendant issued to the plaintiff’s husband, Ernest U. Archibald, a certificate of insurance, in the sum of S6300. payable to the plaintiff as beneficiary in case of death occasioned by bodily injury effected through external, violent and accidental means, subject however to certain provisions, conditions and requirements contained in the constitution of the order. On January 31, 1914, Mr. Archibald was struck and killed by a locomotive while walking on the tracks of the Maine Central Railroad Company in the city of Lewiston. This suit was brought to recover the amount…

2Cases cited12 opinions

  1. Keene v. New England Mutual Accident Ass'nMassachusetts Supreme Judicial Court · 1894
  2. Tuttle v. Travellers' InsuranceMassachusetts Supreme Judicial Court · 1883
  3. Follis v. United States Mutual Accident Ass'nSupreme Court of Iowa · 1895
  4. Bakalars v. Continental Casualty Co.Wisconsin Supreme Court · 1909
  5. Travelers' Insurance v. JonesSupreme Court of Georgia · 1888

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3Cited by2 opinions

  1. Jacobs v. Loyal Protective InsuranceSupreme Court of Vermont · 1924
  2. Sweeney v. SweeneySupreme Court of Vermont · 1922

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