Travelers Insurance v. Wyness
Supreme Court of Georgia
Action on insurance policy. Before Judge Norwood. City court of Savannah. August 1, 1898. John W. Wyness held a policy in the defendant company, insuring him against “ bodily injuries effected . . through external, violent, and accidental means,” payable to his wife in case of his death resulting from such injuries alone. The policy stipulated that it did not cover “intentional injuries inflicted by the insured or any other person,” etc.
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Action on insurance policy. Before Judge Norwood. City court of Savannah. August 1, 1898. John W. Wyness held a policy in the defendant company, insuring him against “ bodily injuries effected . . through external, violent, and accidental means,” payable to his wife in case of his death resulting from such injuries alone. The policy stipulated that it did not cover “intentional injuries inflicted by the insured or any other person,” etc. After the death of Wyness his wife brought suit upon the policy; and the defense was, that he came to his death as the result of intentional injury or…
1Opinion of the CourtFish, J.
1. It is alleged in the motion for a new trial that the court erred in refusing to charge the jury, at the request of counsel for the defendant, as follows: “While it is true that the jury will not presume, from the mere fact of death, that the insured was murdered, yet the use of a weapon likely to produce death raises the presumption that he who uses such weapon upon another intends to kill. The law raises this presumption from the use of a weapon likely to produce death.” We do not think that the court erred in refusing to give this request in charge. Where one deliberately or…
2Cases cited7 opinions
- Travellers' Insurance v. McConkeySupreme Court of the United States · 1888
- Jones v. United States Mutual Accident Ass'nSupreme Court of Iowa · 1894
- Richards v. Travelers Insurance Co.California Supreme Court · 1891
- Insurance Co. v. BennettTennessee Supreme Court · 1891
- Hutchcraft's Ex'r v. Travelers' InsuranceCourt of Appeals of Kentucky · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Gaynok v. Travelers InsuranceCourt of Appeals of Georgia · 1913
- Riggins v. Equitable Life Assurance SocietyCourt of Appeals of Georgia · 1941
- New York Life Insurance v. JenningsCourt of Appeals of Georgia · 1939
- Stevens v. Continental Casualty Co.North Dakota Supreme Court · 1903
- Newsome v. Travelers InsuranceSupreme Court of Georgia · 1915
24 more not listed; retrieve them via the Exa API.