Reynolds v. Maryland Casualty Co.
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Hon. James D. Barnett, Judge. (1) The court erred in refusing the demurrer to the evidence asked by defendant at the close of all the testimony, because there was no evidence upon which to base a verdict that the death was accidental. The law is well settled that inferences may not be based upon inferences, or presumptions upon presumptions.
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Appeal from Audrain Circuit Court. — Hon. James D. Barnett, Judge. (1) The court erred in refusing the demurrer to the evidence asked by defendant at the close of all the testimony, because there was no evidence upon which to base a verdict that the death was accidental. The law is well settled that inferences may not be based upon inferences, or presumptions upon presumptions. And the verdict in this case could not have been based upon anything but a series of presumptions. 16 Cyc. 1051; United States v. Ross, 92 U. S. 281; Bigelow v. Met. St. Ry., 48 Mo'. App. 372; Moberly v. Railway, 98…
1Opinion of the Court
BROWN, C.
This is an action by the administrator of James W. Reynolds, deceased, upon an accident insurance policy issued by defendant and payable to the estate of the intestate.
The substance of the pleading is as follows:
The petition alleged in substance that plaintiff had been duly appointed the administrator of the estate of James W. Reynolds, deceased; that the defendant was a corporation organized under the laws of the State of Maryland and engaged in the business of insurance; .that on the 27th day of November, 1909, the defendant issued and delivered to James W. Reynolds of Chicago,…
2Cases cited14 opinions
- Home Benefit Assn. v. SargentSupreme Court of the United States · 1892
- Jenkin v. Pacific Mutual Life Insurance Co.California Supreme Court · 1900
- State v. ElliottSupreme Court of Iowa · 1877
- Boynton v. Equitable Life Assurance SocietySupreme Court of Louisiana · 1901
- Cosmopolitan Life Insurance Co. v. KoegelSupreme Court of Virginia · 1905
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3Cited by33 opinions
- Maybach v. Falstaff Brewing Corp.Supreme Court of Missouri · 1949
- Provident Life & Accident Ins. v. PrietoTennessee Supreme Court · 1935
- Mendenhall v. NeyerSupreme Court of Missouri · 1941
- Le Grand v. U-Drive-It Co.Supreme Court of Missouri · 1952
- Edwards v. Business Men's Assurance Co. of AmericaSupreme Court of Missouri · 1942
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