Meadows v. Pacific Mutual Life Insurance
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. Henby M. Ramey, Judge. (1) The first instruction for plaintiff should not have been given. First. It purports to cover the whole case, but fails to submit the issues to the jury. Instructions ¡must not ignore material issues> McQuillin’s PI. andPr., sec. 769, and cases cited. Must not ignore the evidence. Stocker v. Green, 94 Mo. 280; Maack v. Schneider, 57 Mo.
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Appeal from Buchanan Circuit Court. — Hon. Henby M. Ramey, Judge. (1) The first instruction for plaintiff should not have been given. First. It purports to cover the whole case, but fails to submit the issues to the jury. Instructions ¡must not ignore material issues> McQuillin’s PI. andPr., sec. 769, and cases cited. Must not ignore the evidence. Stocker v. Green, 94 Mo. 280; Maack v. Schneider, 57 Mo. App. 431; McQuillin’s PI. and Pr., sec. 770; Bert-whistle v. Woodward, 95 Mo. 113. Second. It tells the jury that, if the deceased was run over on the railroad track, plaintiff must recover,…
1Opinion of the CourtGantt, P. J.
This is an action on an accident insurance policy by the administrator of the assured, Daniel A. Meadows, deceased, for $5,000. The petition contains the usual averments, and alleges that said Daniel A. Meadows lost his life on or about July 30, 1892, by being “accidentally run upon and over by a car or train of cars, on the track of the Hannibal & St. Joseph Railroad Company, at the city ofChillicothe, in the state of Missouri,” and prayed judgment for the sum assured.
The answer is a general denial and a plea of the following conditions in the policy, to wit:
“The claimant shall establish…
2Cases cited21 opinions
- Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Mallory v. . the Travelers' Ins. Co.New York Court of Appeals · 1871
- Home Benefit Assn. v. SargentSupreme Court of the United States · 1892
- Parsons v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
16 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- State Ex Rel. St. Joseph Belt Railway Co. v. ShainSupreme Court of Missouri · 1937
- Provident Life & Accident Ins. v. PrietoTennessee Supreme Court · 1935
- Starr v. Aetna Life InsuranceWashington Supreme Court · 1905
- Riska v. Union Depot RailroadSupreme Court of Missouri · 1904
- State Ex Rel. Alton Railroad Co. v. ShainSupreme Court of Missouri · 1940
48 more not listed; retrieve them via the Exa API.