Saveland v. Fidelity & Casualty Co. of New York
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. The following statement of the case was prepared by Mr. Justice Cassoday: March 14, 1884, the plaintiff, by occupation a merchant grocer in Milwaukee, in consideration of $15 by him paid, procured of the defendant a policy of insurance whereby it insured the plaintiff for the term of twelve months ending March 14, 1885, and issued to him its policy, wherein the defendant, among other things, agreed in effect that “if the…
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APPEAL from the County Court of Milwaukee County. The following statement of the case was prepared by Mr. Justice Cassoday: March 14, 1884, the plaintiff, by occupation a merchant grocer in Milwaukee, in consideration of $15 by him paid, procured of the defendant a policy of insurance whereby it insured the plaintiff for the term of twelve months ending March 14, 1885, and issued to him its policy, wherein the defendant, among other things, agreed in effect that “if the insured shall sustain bodily injuries, . . . effected through external, violent, and accidental means, which shall,…
1Opinion of the CourtCassoday, J.
The cause was submitted to the jury on the theory that it was the object of the policy to insure the plaintiff against accident, and to pay the plaintiff what the company had agreed to pay for the accident he had received, if by that accident he had been disabled in any way from prosecuting the business in which he was engaged; that it was to indemnify the plaintiff “ for his want of capacity to prosecute the business in which he was engaged;” that the plaintiff was “ entitled to recover, at the rate agreed on in the policy, for such time as by reason of such accident he ” was “rendered…
2Cases cited2 opinions
- Lyon v. Railway Passenger Assurance Co.Supreme Court of Iowa · 1877
- Rhodes v. Railway Passenger Insurance Co. of Hartford ConnecticutNew York Supreme Court · 1871
3Cited by16 opinions
- Lobdill v. Laboring Men's Mutual Aid Ass'n of ChatfieldSupreme Court of Minnesota · 1897
- Indiana Life Endowment Co. v. ReedIndiana Supreme Court · 1913
- Order of United Commercial Travelers of America v. BarnesSupreme Court of Kansas · 1905
- Commercial Travelers Mutual Accident Ass'n v. SpringsteenIndiana Court of Appeals · 1900
- Bubany v. New York Life Ins. Co.New Mexico Supreme Court · 1935
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