Garcelon v. Commercial Travellers' Eastern Accident Ass'n
Massachusetts Supreme Judicial Court
Contract on a certificate of accident insurance issued by a fraternal beneficiary corporation. Writ in the Superior Court for tbe county of Suffolk dated March 13, 1901. There was a trial before Hardy, J., who, subject to exception by the plaintiff, directed the jury to return a verdict for the defendant and reported the case for determination by this court, judgment to be entered on the verdict if his ruling was correct, otherwise judgment to be entered for the plaintiff in…
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Contract on a certificate of accident insurance issued by a fraternal beneficiary corporation. Writ in the Superior Court for tbe county of Suffolk dated March 13, 1901. There was a trial before Hardy, J., who, subject to exception by the plaintiff, directed the jury to return a verdict for the defendant and reported the case for determination by this court, judgment to be entered on the verdict if his ruling was correct, otherwise judgment to be entered for the plaintiff in the sum of 12,500. The agreed facts as to methods of travel in Nebraska and customs of commercial travellers there were…
1Opinion of the CourtSheldon, J.
There was at least evidence for the jury that the plaintiff in the loss of his arm suffered a disability caused by external, violent and accidental means within the meaning of the certificate issued to him by the defendant. He complied with all the requirements of the contract as to notice of injury and proof of claim; and no question is now made of his right to recover in this action, unless one of the defences set up is shown as matter of law to be fatal to the maintenance of his claim.
By the terms of the certificate no indemnity is to be paid to any one for an injury caused wholly or in…
2Cases cited26 opinions
- Lovelace v. Travelers' Protective Ass'nSupreme Court of Missouri · 1894
- Freeman v. Travelers' InsuranceMassachusetts Supreme Judicial Court · 1887
- Anthony v. Mercantile Mutual Accident Ass'nMassachusetts Supreme Judicial Court · 1894
- Keene v. New England Mutual Accident Ass'nMassachusetts Supreme Judicial Court · 1894
- Weinschenk v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1906
21 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Murray v. Continental InsuranceMassachusetts Supreme Judicial Court · 1943
- Farber v. Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1924
- Jacobs v. Loyal Protective InsuranceSupreme Court of Vermont · 1924
- Diddle v. Continental Casualty Co.West Virginia Supreme Court · 1909
- Nichols v. Commercial Travellers' Eastern Accident Ass'nMassachusetts Supreme Judicial Court · 1915
5 more not listed; retrieve them via the Exa API.