Thomas v. Fidelity & Casualty Co.
Court of Appeals of Maryland
Appeal from the Court of Common Pleas (Harlan, C. J. In the first exception the question asked was: Doctor, assuming that there was a post-mortem examination performed by a competent surgeon, and that it was found by the postmortem examination that Colonel Thomas was affected with arteria sclerosis; would you be prepared, from any knowledge that you got from the clinical side of the case, to say he did not have arterio sclerosis ? In the second exception the question was :…
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Appeal from the Court of Common Pleas (Harlan, C. J. In the first exception the question asked was: Doctor, assuming that there was a post-mortem examination performed by a competent surgeon, and that it was found by the postmortem examination that Colonel Thomas was affected with arteria sclerosis; would you be prepared, from any knowledge that you got from the clinical side of the case, to say he did not have arterio sclerosis ? In the second exception the question was : So if the evidence showed Col. Thomas for many years had been a hard drinker, and for many years suffered from…
1Opinion of the CourtBriscoe, J.
This is a suit at law, brought by the appellant against the appellee, to recover on an accident insurance policy issued by the appellee company on the life of the appellant’s husband as beneficiary under trie policy.
The declaration contains the usual money counts and a special count. The special count avers that the defendant, by its policy of insurance, dated the 18th day of November, 1904, did insure David W. Thomas for the period of one year against death resulting directly and independently of all other causes from bodily injuries sustained through external, violent, and accidental means,…
2Cases cited4 opinions
- United States Mutual Accident Ass'n v. BarrySupreme Court of the United States · 1889
- The Berry Will CaseCourt of Appeals of Maryland · 1901
- Maryland Casualty Co. v. GlassCourt of Appeals of Texas · 1902
- United Electric Light & Power Co. v. State Ex Rel. LusbyCourt of Appeals of Maryland · 1905
3Cited by14 opinions
- Brooks v. Metropolitan Life InsuranceCalifornia Supreme Court · 1945
- Booth v. StateCourt of Appeals of Maryland · 1992
- Kerns v. Ætna Life Ins.Court of Appeals for the Eighth Circuit · 1923
- White v. New York Life Ins. Co.Court of Appeals for the Fifth Circuit · 1944
- Ætna Life Ins. Co. of Hartford v. RyanCourt of Appeals for the Second Circuit · 1918
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