Harrison v. Interstate Business Men's Accident Ass'n
Supreme Court of Arkansas
Appeal from Garland Circuit Court; Scott Wood, Judge; Tbe complaint and amendment stated a good cause of action and it was error to sustain the demurrer. If there were any defects in the complaint they were waived. The injury falls within the definition of “accidental,” external and violent. Kirby’s Dig., § § 6093-4; 14 R. C. L., § 418, pp. 1238-9; 8 Ark. 74; 44 Id. 205; 43 Id. 230; 104 Id. 79; 92 Id. 297; 14 B. C. L. 1433; 1 C. J. 489, § 240; 89 Cal. 170; 23 Am.
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Appeal from Garland Circuit Court; Scott Wood, Judge; Tbe complaint and amendment stated a good cause of action and it was error to sustain the demurrer. If there were any defects in the complaint they were waived. The injury falls within the definition of “accidental,” external and violent. Kirby’s Dig., § § 6093-4; 14 R. C. L., § 418, pp. 1238-9; 8 Ark. 74; 44 Id. 205; 43 Id. 230; 104 Id. 79; 92 Id. 297; 14 B. C. L. 1433; 1 C. J. 489, § 240; 89 Cal. 170; 23 Am. St. 455; 97 Ark. 508; 77 Id. 1; 60 7(7. 70; 1 C. J., § 337, p. 508, and many others. The complaint .stated no cause of action and…
1Opinion of the Court
HART, J.,
(after stating the facts). In sustaining the demurrer the court seems to have proceeded upon the theory that from the allegations of the complaint that the person inflicting the injury must have intended to do it and that it was not therefore “accidental” within the legal meaning of that word as used in the policy. This is not the, law.
In Maloney v. The Maryland Casualty Co., 113 Ark. 174, the court held that if an injury occurs without the agency of the insured, it will be held to be “accidental,” even though it may be brought about designedly by another person. Other authorities…
2Cases cited6 opinions
- Paul v. . Travelers' Ins. Co.New York Court of Appeals · 1889
- Richards v. Travelers Insurance Co.California Supreme Court · 1891
- Lovelace v. Travelers' Protective Ass'nSupreme Court of Missouri · 1894
- Maloney v. Maryland Casualty Co.Supreme Court of Arkansas · 1914
- Aetna Life Insurance v. TaylorSupreme Court of Arkansas · 1917
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Aetna Life Insurance v. LittleSupreme Court of Arkansas · 1920
- Life Cas. Ins. Co. of Tenn. v. BarefieldSupreme Court of Arkansas · 1933
- Missouri State Life Insurance v. BarronSupreme Court of Arkansas · 1932
- Importers' & Exporters' Insurance v. JonesSupreme Court of Arkansas · 1924
- Christy v. Great Northern Life InsuranceMissouri Court of Appeals · 1944
4 more not listed; retrieve them via the Exa API.