Whitehead v. Railway Mail Ass'n
Court of Appeals for the Fifth Circuit
In Error to the District Court of the United States for the Southern District of Mississippi; Edwin R. Holmes, Judge. Action at law by Julia A. Whitehead against the Railway Mail Association. Judgment for defendant, and plaintiff brings error.
1Per curiam
This was an action on a benefit certificate to recover the amount payable in the event of the death of the insured resulting from bodily injury through external, violent, and accidental means. The averments of the declaration to the effect that the death of the insured was caused by such means were put in issue. The evidence without dispute showed that the insured’s death resulted, not from accidental means, hut from his voluntary act in getting off a moving railroad train to a place underneath a bridge over a creek, the car he was in being, at the time he so left it, on that bridge. The…
2Cited by5 opinions
- Turner v. Mutual Benefit Health & Accident Ass'nMichigan Supreme Court · 1946
- Griswold v. Metropolitan Life InsuranceSupreme Court of Vermont · 1935
- Carswell v. Railway Mail Ass'nCourt of Appeals for the Fifth Circuit · 1925
- Smith v. Federal Life Ins.District Court, N.D. Texas · 1925
- Toups v. Penn Mut. Life Ins. Co.District Court, E.D. Louisiana · 1943