Carrow v. Massachusetts Bonding & Insurance
Superior Court of Pennsylvania
Appeal, No. 142, April T., 1919, by plaintiff, from judgment of C. P. Payette Co., Sept. T., 1916, No. 83, in favor of plaintiff non obstante veredicto, in the case of Clara Carrow v. Massachusetts Bonding and Insurance Company, a Massachusetts corporation. Assumpsit on policy of insurance.
Read the full summary
Appeal, No. 142, April T., 1919, by plaintiff, from judgment of C. P. Payette Co., Sept. T., 1916, No. 83, in favor of plaintiff non obstante veredicto, in the case of Clara Carrow v. Massachusetts Bonding and Insurance Company, a Massachusetts corporation. Assumpsit on policy of insurance. Before Reppert, J. From the record it appeared that the plaintiff was the beneficiary in a policy of insurance which contained the following clause: “(1) Written notice must be given to the Company at Saginaw, Michigan, within ten days from the happening of any accident or beginning of any illness by…
1Opinion of the Court
Opinion by
Keller, J.,
As the record stood at the conclusion of the testimony it would have been error for the trial judge to have directed a verdict in favor of the plaintiff for either $600 or $60, for a question of fact was involved which required the determination of the jury, viz: Whether the insured’s death was due wholly to bodily injury sustained solely through external, violent and accidental means, or was due in part to disease or bodily infirmity. The fact that the jury decided that question in favor of the plaintiff did not alter or enlarge the powers of the court under the Act of…
2Cases cited6 opinions
- Dalmas v. KembleSupreme Court of Pennsylvania · 1906
- Bond v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1907
- Hardoncourt v. North Penn Iron Co.Supreme Court of Pennsylvania · 1909
- Jaras v. WrightSupreme Court of Pennsylvania · 1919
- Shannon v. McHenrySupreme Court of Pennsylvania · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Rice v. BauerSupreme Court of Pennsylvania · 1948
- Spickler v. Lombardo, Pennsylvania Court of Common Pleas, Somerset County1978