Legal Opinion

Travelers' Insurance v. Murray

Supreme Court of Colorado

Decided April 15, 1891PublishedCited by 40 opinions

Appeal from, Zalee Comity Court. On the 17th of August, 1886, appellant issued and delivered to M. J. McDonald, at Leadville, a policy of insurance, called an “ accident policy,” on his life, for $1,500, payable, in case of his death, to his mother, Margaret Murray (appellee). McDonald, at the time of securing such policy, and for a long time previous thereto, and for some time subsequently, up to the time of the injury resulting in death, was employed as fireman on an…

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Appeal from, Zalee Comity Court. On the 17th of August, 1886, appellant issued and delivered to M. J. McDonald, at Leadville, a policy of insurance, called an “ accident policy,” on his life, for $1,500, payable, in case of his death, to his mother, Margaret Murray (appellee). McDonald, at the time of securing such policy, and for a long time previous thereto, and for some time subsequently, up to the time of the injury resulting in death, was employed as fireman on an engine of the Denver & Rio Grande Railway. On the 28th day of January, 1887, McDonald, while in the discharge of his duties…

1Opinion of the Court

Seed, C.

Nearly all the errors assigned are based upon the admission and rejection of evidence; the first six being directed to the supposed error of the. court in allowing Dr. Heron, the attending physician, and Patrick Harvey, the locomotive engineer under whom the deceased was employed, to testify to the statements made by the deceased immediately after the injury was received, in regard to the manner and character of the accident by which the injury was received. It appears from the evidence that no one saw the accident, or knew of its occurrence or the injury, until nearly half an hour…

Also in this document: Per curiam.

2Cases cited8 opinions

  1. Accident Insurance v. CrandalSupreme Court of the United States · 1887
  2. Kellogg v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
  3. Mallory v. . the Travelers' Ins. Co.New York Court of Appeals · 1871
  4. Allen v. . St. Louis Insurance Co.New York Court of Appeals · 1881
  5. Cunningham v. LynessWisconsin Supreme Court · 1867

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

3Cited by40 opinions

  1. Tate v. CanonicaCalifornia Court of Appeal · 1960
  2. United States Fidelity & Guaranty Co. v. HoodMississippi Supreme Court · 1920
  3. Driskell v. United States Health & Accident InsuranceMissouri Court of Appeals · 1906
  4. French v. Fidelity & Casualty Co.Wisconsin Supreme Court · 1908
  5. Preferred Accident Insurance v. FieldingSupreme Court of Colorado · 1905

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

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