Shader v. . Railway Passenger Assurance Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department reversing a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 3 Hun, 424.) This action was upon an accidental insurance policy issued by defendant to plaintiff’s intestate, "Wesley E. Shader. The insured was shot and killed while dining with a friend.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department reversing a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 3 Hun, 424.) This action was upon an accidental insurance policy issued by defendant to plaintiff’s intestate, "Wesley E. Shader. The insured was shot and killed while dining with a friend. The evidence tended to show that he was at the time under the influence of intoxicating liquor, of which he had been drinking freely. The judge charged the jury, among other things, as follows; “ The question is not simply whether…
1Opinion of the CourtHiller, J.
The question arising directly upon this appeal relates to the charge of the judge and to his refusal to charge as requested by the counsel for the defendant. The policy provided that: “So claim shall be made under this policy where the death or injury may have happened while the insured was, or in consequence of his having been, under the influence of intoxicating drinks.” The judge in his charge to the jury stated that the question was not simply whether the deceased was under the influence of intoxicating liquors at the time, but it' was whether the injury occurred, in conse quence of that,…
2Cases cited2 opinions
- Bradley v. . the Mutual Benefit Life Ins. Co.New York Court of Appeals · 1871
- Welts v. Connecticut Mutual Life InsuranceNew York Court of Appeals · 1871
3Cited by14 opinions
- Flannagan v. Provident Life & Accident Ins. Co.Court of Appeals for the Fourth Circuit · 1927
- Travelers Protective Assn. of America v. PrinsenSupreme Court of the United States · 1934
- Campbell v. Fidelity & Casualty Co.Court of Appeals of Kentucky · 1901
- Order of United Commercial Travelers of America v. GreerCourt of Appeals for the Tenth Circuit · 1930
- Carr v. Pacific Mutual Life InsuranceMissouri Court of Appeals · 1903
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