Dent v. Railway Mail Ass'n
U.S. Circuit Court for the District of Minnesota
At Law. Action by Ella S. Dent against the Railway Mail Association. Judgment for plaintiff on directed verdict. ’ This was an action brought by the widow of James Dent, who came to his death from the effects of poison ivy.
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At Law. Action by Ella S. Dent against the Railway Mail Association. Judgment for plaintiff on directed verdict. ’ This was an action brought by the widow of James Dent, who came to his death from the effects of poison ivy. Erom the undisputed facts it appeared that on May 2, 1909, the deceased with the plaintiff went to the outskirts of the city of St Paul, where he, leaving his wife, walked into some adjacent woods, and there cut a branch of oak and a little stick, which he brought back to her. Within a day or two he called his wife’s attention to a discoloration between the fingers of Ms…
1Opinion of the CourtWillard, District Judge
(orally, after stating the facts as above). This case presents some very interesting questions. During the recess I have examined! with some care the cases cited by defendant. The questions presented in the case may be reduced to three. The first one relates to the clause in the policy or in the constitution with regard to poison. The. second one is whether this was an accident or not. The third relates to that part of the constitution or the policy which provides for external visible marks.
Taking up the clause relating to poison first, it is seen that it reads as follows:
‘■Nor shall any…
2Cases cited5 opinions
- Western Commercial Travelers' Ass'n v. SmithCourt of Appeals for the Eighth Circuit · 1898
- Baker v. . OakwoodNew York Court of Appeals · 1890
- McGlother v. Provident Mut. Acc. Co. of PhiladelphiaCourt of Appeals for the Eighth Circuit · 1898
- Bacon v. . U.S.M.A. Assn.New York Court of Appeals · 1890
- Preferred Accident Insurance Co. of New York v. RobinsonSupreme Court of Florida · 1903
3Cited by9 opinions
- Horton v. Travelers InsuranceCalifornia Court of Appeal · 1920
- McFarland v. Massachusetts Bonding & InsuranceTennessee Supreme Court · 1928
- Spence v. Equitable Life Assurance SocietySupreme Court of Kansas · 1937
- King v. New York Life Ins. Co. of New YorkCourt of Appeals for the Eighth Circuit · 1934
- Peterson v. Locomotive Engineers Mutual Life & Accident InsuranceSupreme Court of Minnesota · 1913
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