Schmidt v. American Mutual Accident Ass'n
Wisconsin Supreme Court
Appeal from a j udgment of the circuit court for Winnebago county: Geo. W. Buekell, Circuit Judge. This is an action to recover $5,000 upon an accident insurance certificate issued by defendant, on account of the death, by accident of Henry E. Schmidt, the husband of the plaintiff.
Read the full summary
Appeal from a j udgment of the circuit court for Winnebago county: Geo. W. Buekell, Circuit Judge. This is an action to recover $5,000 upon an accident insurance certificate issued by defendant, on account of the death, by accident of Henry E. Schmidt, the husband of the plaintiff. The defenses necessary to be considered on this appeal were to the effect: (1) That the insured at the time of his death was engaged in a different and more hazardous occupation than that which he was supposed to be engaged in when insured, namely, that he was a “baker working,” and not a “ baker, proprietor, not…
1Opinion of the CourtWiNslow, J.
• Defendant’s counsel frankly state that they make no contention here as to the accidental nature of the injuries received by the deceased, and that such injuries were the sole cause of his death. They claim, however, that two questions should have been submitted to the jury, namely: (1) Whether or not the occupation of the deceased was that of a “ baker working ” at the time of his death; (2) whether his injuries occurred while he was engaged in a more hazardous occupation than that under which he was classified in his certificate.
Taking these questions in the inverse order, it is sufficient…
2Cited by9 opinions
- Everson v. General Accident, Fire & Life Assurance Corp.Massachusetts Supreme Judicial Court · 1909
- Miller v. Missouri State Life InsuranceMissouri Court of Appeals · 1913
- Ocean Accident & Guaranty Corporation v. RubinCourt of Appeals for the Ninth Circuit · 1934
- Shoop v. Fidelity & Deposit Co.Court of Appeals of Maryland · 1914
- American Fidelity Co. v. PattyOhio Court of Appeals · 1914
4 more not listed; retrieve them via the Exa API.