Metropolitan Casualty Insurance v. Chambers
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; 1. A hypothetical question must be based upon evidence and include all facts in evidence necessary to enable the witness to give an opinion which will be of assistance to the jury. 17 Cyc. 243, and cases cited. 2. The attendance of a witness may be compelled when necessary to the proper trial of a case.
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Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; 1. A hypothetical question must be based upon evidence and include all facts in evidence necessary to enable the witness to give an opinion which will be of assistance to the jury. 17 Cyc. 243, and cases cited. 2. The attendance of a witness may be compelled when necessary to the proper trial of a case. Kirby’s Dig., § 3159. 3. A policy is avoided if the death or injury is caused by provoking an affray; and it is not necessary to avoid it that the person inflicting the injury should have acted with the circumspection…
1Opinion of the CourtHumphreys, J.
Appellee instituted suit against appellant in the Third Division of the Pulaski Circuit Court on the 7th day of September, 1917, to recover $4,500 alleged to be due her under the terms of accident policy No. 233,703, issued by appellant to ber husband, Chester A. Chambers, on the 19th day of October, 1914. Appellee was the beneficiary in the policy and the policy provided for the payment of $4,500 to her for bodily injuries sustained by her husband, Chester A. Chambers, directly, solely and exclusively through accidental means and resulting in the loss of his life. The policy was in force on…
2Cases cited4 opinions
- Taylor v. McClintockSupreme Court of Arkansas · 1908
- Aetna Life Insurance v. TaylorSupreme Court of Arkansas · 1917
- Missouri & North Arkansas Railroad v. DanielsSupreme Court of Arkansas · 1911
- Business Men's Accident Ass'n of America v. CowdenSupreme Court of Arkansas · 1917
3Cited by26 opinions
- Aetna Life Insurance Co. v. SpencerSupreme Court of Arkansas · 1930
- O'Bar v. Southern Life Health Ins. Co.Supreme Court of Alabama · 1936
- Equitable Life Assurance Society of the United States v. RummellSupreme Court of Arkansas · 1974
- Hoffman v. Life Insurance Co. of North AmericaUtah Supreme Court · 1983
- Burnette v. Perkins & AssociatesSupreme Court of Arkansas · 2000
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