Mulville v. Pacific Mutual Life Insurance
Montana Supreme Court
Appeal from District Court, Silver Bow County; J. J. McHatton, Judge. Action by Samuel Mulville, administrator of the estate of Charles P. Young, deceased, against the Pacific Mutual Life Insurance Company of California. There was a verdict for plaintiff, and from an order granting defendant a new trial plaintiff appeals. Statement of the facts by the justice delivering the opinion.
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Appeal from District Court, Silver Bow County; J. J. McHatton, Judge. Action by Samuel Mulville, administrator of the estate of Charles P. Young, deceased, against the Pacific Mutual Life Insurance Company of California. There was a verdict for plaintiff, and from an order granting defendant a new trial plaintiff appeals. Statement of the facts by the justice delivering the opinion. This action was brought in the lower court to recover the amount of an accident insurance policy taken out by one Charles F. Young in the defendant company. Young was injured by a train of cars operated by a…
1Opinion of the CourtBuck, J.
The district judge, in granting the motion for a new trial in this case, considered the following alleged errors : First, the refusal to direct a verdict for the defendaut when, *100at the beginning of the trial, plaintiff declined to offer any evidence, upon the ground that the burden of proof under the pleadings was upon the defendant; second, the exclusion of the probate order and receipt of compromise; third, the exclusion of evidence as to the deceased having made á practice of jumping upon the train which killed him while in motion; fourth, the admission of evidence as to the space between…
2Cases cited6 opinions
- Higley v. GilmerMontana Supreme Court · 1878
- Jeffries v. Mutual Life Ins. Co. of NYSupreme Court of the United States · 1884
- Nelson v. City of HelenaMontana Supreme Court · 1895
- Baker v. IrishSupreme Court of Pennsylvania · 1896
- Moulton v. HolmesCalifornia Supreme Court · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Ball v. GussenhovenMontana Supreme Court · 1904
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- Nord v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1904
- Cummings v. Helena & Livingston Smelting & Reduction Co.Montana Supreme Court · 1902
- Melville v. Butte-Balaklava Copper Co.Montana Supreme Court · 1913
2 more not listed; retrieve them via the Exa API.