Tromblee v. North American Accident Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, North American Accident Insurance Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Warren on the 21st day of October, 1915, upon the verdict of a jury, and also from an order entered in said clerk’s office on the same day, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Kellogg, P. J.:
It was for the plaintiff to allege and prove that bodily injuries sustained by her husband through accidental means, independently and exclusive of all other causes, resulted in his death. She alleges he was injured December 29, 1914; he died December thirty-first. The defendant denies the injury and contends that death resulted from heart disease and other diseases. A hackman swears that the deceased, in getting out of his hack, fell upon his back and head, and seemed dazed. Upon entering his house his wife, the plaintiff, says he was-dazed and complained of injury at the back…
2Cases cited2 opinions
- Caldwell v. . MurphyNew York Court of Appeals · 1854
- Roche v. . Brooklyn City Newtown R.R. Co.New York Court of Appeals · 1887
3Cited by6 opinions
- Moore v. Atlanta Transit System, Inc.Court of Appeals of Georgia · 1961
- Sleeter v. Progressive Assurance Co.Supreme Court of Minnesota · 1934
- Rosenberg v. Equitable Life Assurance Society of United StatesAppellate Division of the Supreme Court of the State of New York · 1989
- Jiminian v. St. Barnabas HospitalAppellate Division of the Supreme Court of the State of New York · 2011
- Erickson v. BorkNew York Supreme Court · 1929
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