Legal Opinion

Primrose v. Casualty Co.

Supreme Court of Pennsylvania

Decided July 6, 1911No. Appeal, No. 167PublishedCited by 13 opinions

Appeal, No. 167, Jan. T., 1910, by defendant, from judgment of C. P. No. 1, Phila. Co., Sept. T., 1908, No. 1,251, on verdict for plaintiff in case of Annie E. Primrose v. Casualty Company of America. Assumpsit on an accident insurance policy. Before Kinsey, J. The opinion of the Supreme Court states the case. Verdict for plaintiff for $11,646.08 and judgment thereon. Defendant appealed.

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Appeal, No. 167, Jan. T., 1910, by defendant, from judgment of C. P. No. 1, Phila. Co., Sept. T., 1908, No. 1,251, on verdict for plaintiff in case of Annie E. Primrose v. Casualty Company of America. Assumpsit on an accident insurance policy. Before Kinsey, J. The opinion of the Supreme Court states the case. Verdict for plaintiff for $11,646.08 and judgment thereon. Defendant appealed. Error assigned was refusal to enter judgment for defendant n. o. v. — When seated in the touring car automobile, which had been hired by himself and his companions for their private and exclusive use, the…

1Opinion of the Court

Opinion by

Mr. Justice Brown,

The defendant company issued an accident insurance *212policy to Frank J. Primrose, the husband of the plaintiff, by the terms of which it covenanted to pay her $10,500 in the event of his sustaining bodily injuries which should result in his death. In addition to this there was the following clause: “B. Double Indemnity. — If those injuries are received while riding as a passenger in or on a public conveyance, provided for passenger service, and propelled by steam, compressed air, gasoline, naphtha, electricity or cable, including passenger elevators, or while in a…

2Cases cited6 opinions

  1. Bole v. New Hampshire Fire Ins.Supreme Court of Pennsylvania · 1893
  2. Hughes v. Central Accident InsuranceSupreme Court of Pennsylvania · 1909
  3. McKeesport Machine Co. v. Ben Franklin InsuranceSupreme Court of Pennsylvania · 1896
  4. Humphreys v. Nat'l Benefit Ass'nSupreme Court of Pennsylvania · 1891
  5. Frick v. United Firemen's InsuranceSupreme Court of Pennsylvania · 1907

1 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. J.C. Penney Life Insurance Company v. Christian J. Pilosi James C. PilosiCourt of Appeals for the Third Circuit · 2004
  2. Fidelity & Casualty Co. v. JoinerCourt of Appeals of Texas · 1915
  3. Anderson v. Yellow Cab Co.Wisconsin Supreme Court · 1923
  4. Tupper v. Massachusetts Bonding & InsuranceSupreme Court of Minnesota · 1923
  5. Cedergren v. Massachusetts Bonding & Ins.Court of Appeals for the Eighth Circuit · 1923

8 more not listed; retrieve them via the Exa API.

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