Legal Opinion

Mowry v. National Protective Society

Superior Court of Pennsylvania

Decided March 14, 1905No. Appeal, No. 122PublishedCited by 4 opinions

Appeal, No. 122, Oct. T., 1904, by defendant, from judgment of C. P. Bedford Co., Nov. T., 1903, No. 53, on verdict for plaintiff in case of Amanda Mo wry v. National Protective Society. Assumpsit upon a policy of accident insurance. Before Woods, P. J. The facts are stated in the opinion of the Superior Court. At the trial, Mr. Pennell, counsel for plaintiff, offered the policy.

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Appeal, No. 122, Oct. T., 1904, by defendant, from judgment of C. P. Bedford Co., Nov. T., 1903, No. 53, on verdict for plaintiff in case of Amanda Mo wry v. National Protective Society. Assumpsit upon a policy of accident insurance. Before Woods, P. J. The facts are stated in the opinion of the Superior Court. At the trial, Mr. Pennell, counsel for plaintiff, offered the policy. Mr. Abbott: I object to the policy being offered in evidence : 1. Because under the undisputed evidence in this case it does not appear that the plaintiff established such facts as would entitle her to sue upon the…

1Opinion of the Court

Opinion by

Henderson, J.,

As shown by the contract upon which this action is based, the defendant accepted John A. Mowry, the plaintiff’s husband, as a member. The policy issued to the insured recites that his occupation is “bridge builder.” The insured had been at work for several years as a bridge builder, and at the time of his death was employed in the erection of an iron bridge. When the treasurer of the defendant came to the plaintiff’s home to settle the loss, he alleged that her husband was insured as a “ wooden bridge builder,” and that according to the company’s classification of…

2Cases cited1 opinion

  1. Blair v. Supreme Council American Legion of HonorSupreme Court of Pennsylvania · 1904

3Cited by4 opinions

  1. Employers' Liability Assurance Corp. v. Lebanon Auto Bus Co.Supreme Court of Pennsylvania · 1948
  2. Szok v. CrownSuperior Court of Pennsylvania · 1907
  3. Ambridge Borough v. Home Mutual Casualty Co.Superior Court of Pennsylvania · 1958
  4. Anthony v. GrierSuperior Court of Pennsylvania · 1914

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