Powell v. Travelers Protective Ass'n
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Warwick Hough, Judge. (1) Death being’ shown to have resulted from violent, external causes, .the presumption is that the deceased was exercising due care for his own safety at the time, and not voluntarily or unnecessarily exposing himself to danger; and the burden is on the defendant to rebut that presumption, and show by positive testimony that the assured was violating conditions of the policy.
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Appeal from St. Louis City Circuit Court. — Hon. Warwick Hough, Judge. (1) Death being’ shown to have resulted from violent, external causes, .the presumption is that the deceased was exercising due care for his own safety at the time, and not voluntarily or unnecessarily exposing himself to danger; and the burden is on the defendant to rebut that presumption, and show by positive testimony that the assured was violating conditions of the policy. Jamison v. Casualty Co., 104 Mo. App. 306; Meadows v. Ins. Co., 129 Mo. 76; Fetter v. Fidelity & Casualty Co., 174 Mo. 256; Keene v. Accident Ass/n,…
1Opinion of the Court
REYNOLD'S, P. J. —
This action was 'brought, in the circuit court of the city of St. Louis, by Mrs. Nannie C. Powell, widow of William B. Powell, against the Travelers Protective Association of America, of which he was a member at the time of his death, to recover $5000 on a policy or certificate issued to the husband by defendant. At the conclusion of the evidence for plaintiff, the court instructed the jury that under the evidence and pleadings in the ease, plaintiff was not entitled to recover. Plaintiff, excepting, toot a non-suit with leave to move to set it aside, and that being filed…
2Cases cited4 opinions
- Fetter v. Fidelity & Casualty Co.Supreme Court of Missouri · 1903
- Meadows v. Pacific Mutual Life InsuranceSupreme Court of Missouri · 1895
- Jamison v. Continental Casualty Co.Missouri Court of Appeals · 1904
- Powell v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1910
3Cited by3 opinions
- Eickmann v. St. Louis Public Service CompanySupreme Court of Missouri · 1959
- Callahan v. Connecticut General Life InsuranceSupreme Court of Missouri · 1947
- Canty v. HalpinSupreme Court of Missouri · 1922