Driskell v. United States Health & Accident Insurance
Missouri Court of Appeals
Appeal from Pettis Circuit Court. — Hon. George F. Longan, Judge. (1) Scalding water escaping from the steam engine into deceased’s right ear accidentally, and resulting in his death eleven days later, constitutes a bodily injury caused solely and exclusively by external, violent and accidental means. The petition sufficiently alleges such injuries. Jamison v. Casualty Co., 104 Mo.
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Appeal from Pettis Circuit Court. — Hon. George F. Longan, Judge. (1) Scalding water escaping from the steam engine into deceased’s right ear accidentally, and resulting in his death eleven days later, constitutes a bodily injury caused solely and exclusively by external, violent and accidental means. The petition sufficiently alleges such injuries. Jamison v. Casualty Co., 104 Mo. App. 306; Dalzell v. Fidelity and Casualty Co., 176 Mo. 253; Loesch v. Casualty Co.,176 Mo. 654; 104 Mo. App. 157; 1 Cyc., 249, 257; 1 Cyc., 248; 42 Am. St, 374; 1 Cyc., 285, F, 2 b. (1). (2) It is not necessary…
1Opinion of the CourtJohnson, J.
Action upon a policy of accident insurance. The petition is as follows:
“For his cause of action, the plaintiff states that heretofore, to-wit, on the 10th day of February, 1904, the probate court of Pettis county, Missouri duly appointed him administrator of the estate of John W. Driskell, deceased; that he qualified by giving the required bond as such administrator, and said probate court issued to him letters of administration on said estate, and that he is now the authorized acting admimstrator in charge of said estate with full power to sue in the courts of Missouri upon all obligations…
2Cases cited7 opinions
- Freeman v. Mercantile Mutual Accident Ass'nMassachusetts Supreme Judicial Court · 1892
- Omberg v. United States Mutual Accident Ass'nCourt of Appeals of Kentucky · 1897
- Prader v. National Masonic Accident Ass'nSupreme Court of Iowa · 1895
- Travelers' Insurance v. MurraySupreme Court of Colorado · 1891
- Martin v. Manufacturers' Accident Indemnity Co.New York Court of Appeals · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Kievit v. Loyal Protective Life InsuranceSupreme Court of New Jersey · 1961
- Caldwell v. Travelers Insurance Co.Supreme Court of Missouri · 1924
- Fidelity & Casualty Co. v. MeyerSupreme Court of Arkansas · 1912
- United States Fidelity & Guaranty Co. v. HoodMississippi Supreme Court · 1920
- Hall v. General Accident Assurance Corp.Court of Appeals of Georgia · 1915
43 more not listed; retrieve them via the Exa API.