Clark v. Employers' Liability Assurance Co.
Supreme Court of Vermont
General and special assumpsit, in which the plaintiff as beneficiary sought to recover upon a policy of accident insurance upon the life of Barma A. Clark, her husband. Pleas, the general issue and a special plea setting out that the insured came to his death from spontaneous or natural apoplexy. Trial by jury, Windham County, September Term, 1896, Start, J., presiding. Yerdict and judgment for the plaintiff. The defendant excepted.
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General and special assumpsit, in which the plaintiff as beneficiary sought to recover upon a policy of accident insurance upon the life of Barma A. Clark, her husband. Pleas, the general issue and a special plea setting out that the insured came to his death from spontaneous or natural apoplexy. Trial by jury, Windham County, September Term, 1896, Start, J., presiding. Yerdict and judgment for the plaintiff. The defendant excepted. On September 30, 1895, the dead body of the insured was found lying in a highway in the Town of Brattleboro. When last seen alive he was apparently in good health…
1Opinion of the CourtMunson, J.
The insured was found lying dead in the road, where the wheels of his wagon had evidently passed over his neck. He was seen by no one from the time he started until after his death, and his movements could be ascertained only from evidentiary circumstances. There was a watering-trough beside the road he had passed over, placed at a level which required the unchecking of a horse to enable it to drink. The body was found about twenty feet from this trough, and the horse a short distance further on. There were tracks which indicated that the horse had been brought up to the trough, and that the…
2Cases cited3 opinions
- Gleason v. M'VickarNew York Supreme Court · 1827
- Derragon v. Village of RutlandSupreme Court of Vermont · 1886
- Davenport v. North Eastern Mutual Life Ass'nSupreme Court of Vermont · 1875
3Cited by14 opinions
- Evans v. Metropolitan Life InsuranceWashington Supreme Court · 1946
- Dunbar v. Central Vermont Railway Co.Supreme Court of Vermont · 1907
- LaFlam v. Missisquoi Pulp Co.Supreme Court of Vermont · 1902
- Parker v. Boston & Maine RailroadSupreme Court of Vermont · 1911
- Kilgore & Son v. Shannon & Co.Alabama Court of Appeals · 1912
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