Szymanska v. Equitable Life Insurance

Layton, C. J.,

delivering the opinion of the Court:

The demurrers to the pleas raise the questions whether the death of the insured resulted from injuries received through (1) accidental means; (2) violation of law directly; or (3) indirectly therefrom.

The answer to the first two questions depends upon a consideration and proper application of the doctrine of proximate cause, seldom absent from insurance cases. This must be determined from the factual basis presented upon mixed considerations of logic, common sense, justice, policy and precedent. See Island Express v. Frederick, 5 W. W. Harr.…