Prudential Casualty Co. v. Curry
Alabama Court of Appeals
Appeal from Birmingham City Court. Heard before Hon. H. A. Si-iarpe. Action by Beatrice Curry against the Prudential Casualty Co. upon an accident insurance certificate. Judgment for plaintiff and defendant appeals. There is but one question presented by this appeal, and that is did Mc-Elreath, the insured come to his death by accident, or violent and accidental means.
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Appeal from Birmingham City Court. Heard before Hon. H. A. Si-iarpe. Action by Beatrice Curry against the Prudential Casualty Co. upon an accident insurance certificate. Judgment for plaintiff and defendant appeals. There is but one question presented by this appeal, and that is did Mc-Elreath, the insured come to his death by accident, or violent and accidental means. Under the evidence in this case, that question must be answered in the negative, and the defendant given the general charge. — 6 Cush. 292;. 8 Wend. 469; 1 Cyc. 228; Equitable Ins. Go. v. Osburn, 90 Ala. 201; 23 Amer. St. Rep.…
1Opinion of the CourtPelham, J.
The appellee, being the beneficiary under a policy of accident insurance issued by the appellant to one Jesse McElreath, insuring him against death from bodily injuries sustained through “external, violent, and accidental means,” brought suit in the trial court to recover of the appellant on the policy. The case was tried before the court Avithout a jury, result ing in a judgment against appellant holding it liable under the terms of the policy.
The evidence was Avithout conflict, and the case was submitted to the court on an agreed Avritten statement of facts. It Avas shown by this agreed…
2Cases cited9 opinions
- Western Commercial Travelers' Ass'n v. SmithCourt of Appeals for the Eighth Circuit · 1898
- Paul v. . Travelers' Ins. Co.New York Court of Appeals · 1889
- Equitable Accident Insurance v. OsbornSupreme Court of Alabama · 1890
- Feder v. Iowa State Traveling Men's Ass'nSupreme Court of Iowa · 1899
- Taliaferro v. Travelers' Protective Ass'n of AmericaCourt of Appeals for the Eighth Circuit · 1897
4 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- O'Bar v. Southern Life Health Ins. Co.Supreme Court of Alabama · 1936
- Christ v. Pacific Mutual Life InsuranceIllinois Supreme Court · 1924
- Hutton v. States Accident InsuranceIllinois Supreme Court · 1915
- O'Neill v. Metropolitan Life InsuranceSupreme Court of Pennsylvania · 1942
- Postler v. Travelers Ins. Co.California Supreme Court · 1916
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