Maine v. Maryland Casualty Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for La Crosse county: E. C. Higbee, Circuit Judge. This action is to recover on a policy of accident insurance. The plaintiff is the widow and beneficiary under said policy of C. D. Maine, the insured, who it is claimed was injured on November 14, 1918, resulting in his death thirteen days later. The decedent on the day in question moved a heavy icebox on a neighbor’s premises.
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Appeal from a judgment of the circuit court for La Crosse county: E. C. Higbee, Circuit Judge. This action is to recover on a policy of accident insurance. The plaintiff is the widow and beneficiary under said policy of C. D. Maine, the insured, who it is claimed was injured on November 14, 1918, resulting in his death thirteen days later. The decedent on the day in question moved a heavy icebox on a neighbor’s premises. On the following day he gave an indication of pain in his side by frequently placing his hand there when standing up. Two days áfter the accident he lay down on a couch…
1Opinion of the Court
The following opinion was filed June 23, 1920:
Eschweiler, J.
It is conceded in this case that there.is no evidence in the record sufficient to support a verdict for the plaintiff upon the accident insurance policy in suit except and unless the testimony of physicians who attended the deceased subsequent to November 14th as to what was disclosed by the surgical operations performed by them, and including statements made by him to them concerning the alleged twisting or injury sustained in the moving of the ice-box, was erroneously stricken out. The trial court excluded it under the following…
2Cases cited13 opinions
- Globe Accident Insurance v. GerischIllinois Supreme Court · 1896
- In re Will of HuntWisconsin Supreme Court · 1904
- Maryland Casualty Co. v. McCallumSupreme Court of Alabama · 1917
- Ætna Life Ins. Co. of Hartford v. RyanCourt of Appeals for the Second Circuit · 1918
- Kath v. Wisconsin Central RailwayWisconsin Supreme Court · 1904
8 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Shepard v. United StatesSupreme Court of the United States · 1933
- Powers v. Allstate InsuranceWisconsin Supreme Court · 1960
- London Guarantee & Accident Co. v. WoelfleCourt of Appeals for the Eighth Circuit · 1936
- Truelsch v. MillerWisconsin Supreme Court · 1925
- People v. Preston, New York County Courts1958
19 more not listed; retrieve them via the Exa API.