Stevens v. Continental Casualty Co.
North Dakota Supreme Court
Appeal from District Court, Cass county; Pollock, J. Action by Edward and Polly Stevens, by their guardian, against the Continental Casualty Company. Judgment for plaintiffs^ and defendant appeals. The statements contained in the proofs of death, standing without explanation or denial, conclusively establish that the insured died as the result of a pistol-shot wound inflicted upon him by a. person whom he had ejected from his train. Mutual Beneñt Ins..
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Appeal from District Court, Cass county; Pollock, J. Action by Edward and Polly Stevens, by their guardian, against the Continental Casualty Company. Judgment for plaintiffs^ and defendant appeals. The statements contained in the proofs of death, standing without explanation or denial, conclusively establish that the insured died as the result of a pistol-shot wound inflicted upon him by a. person whom he had ejected from his train. Mutual Beneñt Ins.. Co. v. Newton, 89 U. S. 32, 22 L. Ed. 793; Lodge v. Beck, 181 U.. S. 49, 56; Hass encamp v. Insurance Co., 120 Fed. 475; Spruill v.. Insurance…
1Opinion of the CourtCochrane, J.
Edward and Polly Stevens, minor children of Fred W. Stevens, deceased, by their guardian, sued to recover the amount of an accident policy issued by the Continental Casualty Company. This policy was for $3,000, and stipulated o indemnify the beneficiaries therein named in case of the death of the insured through external, violent, and purely accidental causes, unless such death should result from an injury “intentionally inflicted upon the insured by himself or another person,” in which event the beneficiaries were to receive one-tenth of the face of the policy, or $300. No question, is…
2Cases cited24 opinions
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- Utter v. Travelers' InsuranceMichigan Supreme Court · 1887
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