Legal Opinion

Kirkpatrick v. Aetna Life Insurance

Supreme Court of Iowa

Decided October 30, 1908PublishedCited by 10 opinions

Appeal from Poweshiek District Court. — Hon. Byron W. Preston, Judge. Action upon a policy of accident insurance. Trial to a jury. Verdict and judgment for plaintiff, and defendant appeals. —

1Opinion of the Court

Deemer, J. —

The policy of insurance issued by defendant to plaintiff on or about January 22, 1906, covered death or injuries to plaintiff through external, violent and accidental means, and, among other things, contained these provisions and conditions:

If injuries are sustained hy means as aforesaid (1) while the insured is riding as a passenger and being actually in or upon any railway passenger car using steam, cable or electricity, as a motive power, or (2) while riding in a regular passenger. elevator, or (3) while traveling as a passenger and on board a steam vessel of any regular line…

2Cases cited4 opinions

  1. Goodwin v. Provident Savings Life Assurance Ass'nSupreme Court of Iowa · 1896
  2. Jones v. United States Mutual Accident Ass'nSupreme Court of Iowa · 1894
  3. Prader v. National Masonic Accident Ass'nSupreme Court of Iowa · 1895
  4. Sutherland v. Standard Life & Accident InsuranceSupreme Court of Iowa · 1893

3Cited by10 opinions

  1. Brush v. Washington National InsuranceSupreme Court of Iowa · 1941
  2. Jones v. Continental Casualty Co.Supreme Court of Iowa · 1920
  3. Smith v. Maryland Casualty Co.North Dakota Supreme Court · 1933
  4. Crowe v. Merchants Life & Casualty Co.Supreme Court of Iowa · 1926
  5. Bridal Veil Lumbering Co. v. Pacific Coast Casualty Co.Oregon Supreme Court · 1915

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