Goodes v. Order of United Commercial Travelers of America
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. J. Hugo Grimm, Judge. (1) The burden of proof was on the plaintiff below to show that the death of insured was caused by bodily injury effected through external, violent and accidental means and that this alone caused his death. Masonic Assn. v. Shryock, 73 Fed. 774; Laessig v. Assn., 169 Mo. 272; Ins. Co. v. McConkey, 127 U. S. 661; Stanton v. Ins.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. J. Hugo Grimm, Judge. (1) The burden of proof was on the plaintiff below to show that the death of insured was caused by bodily injury effected through external, violent and accidental means and that this alone caused his death. Masonic Assn. v. Shryock, 73 Fed. 774; Laessig v. Assn., 169 Mo. 272; Ins. Co. v. McConkey, 127 U. S. 661; Stanton v. Ins. Co., 78 Atl. 317; National Assn, v. Scott, 155 Fed. 92; Commercial Assn. v. Parks, 179 Fed. 794; Binder v. Acc. Assn., 127 Iowa, 25; White v. Ins. Co., 95 Minn. 77. (2) The evidence is undisputed…
1Opinion of the CourtReynolds, P. J.
(after stating the facts). — The only questions before us for determination are as to the sufficiency of the evidence in the case to sustain .a verdict; the correctness of the ruling of the trial, court in overruling demurrers at the close of plaintiff’s case and at the close of all the evidence in the ease; objection to the testimony of certain-expert witnesses called by plaintiff, and to the form of the hypothetical question asked by plaintiff; to the verdict, as based upon presumptions upon presumptions and inferences upon inferences; to the giving of plaintiff’s second instruction; to…
2Cases cited21 opinions
- United States Mutual Accident Ass'n v. BarrySupreme Court of the United States · 1889
- Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
- Western Commercial Travelers' Ass'n v. SmithCourt of Appeals for the Eighth Circuit · 1898
- National Masonic Acc. Ass'n of Des Moines v. ShryockCourt of Appeals for the Eighth Circuit · 1896
- State v. HydeSupreme Court of Missouri · 1911
16 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Caldwell v. Travelers Insurance Co.Supreme Court of Missouri · 1924
- Phillips v. Travelers Insurance Co.Supreme Court of Missouri · 1921
- Lucille E. Cone v. Beneficial Standard Life Insurance Company, a CorporationCourt of Appeals for the Eighth Circuit · 1968
- Wright v. Order of United Commercial Travelers of AmericaMissouri Court of Appeals · 1915
- Greenlee v. Kansas City Casualty Co.Missouri Court of Appeals · 1916
9 more not listed; retrieve them via the Exa API.