Whitlatch v. Fidelity & Casualty Co.
New York Supreme Court
Appeal from circuit court, Kings county. . Action by Josephine Whitlatch against the Fidelity & Casualty Company of New York on a policy of accident insurance. From a judgment for plaintiff for part of her claim, and from an order denying a new trial, she appeals.
1Opinion of the CourtPratt, J.
The appeal brings up the question whether the verdict is so against the weight of evidence that it should be set aside, and also whether there were errors committed in the charge to the jury requiring a reversal. The deceased was found dead, with a discharged pistol by his side, and the defense may fairly •claim it to be established that death was caused by the ball discharged from that pistol. But we do not succeed in finding proof that deceased voluntarily discharged the pistol; much less, that he •did so with intent to take his life. While the position of the wound does not preclude the…
2Cases cited1 opinion
- Travellers' Insurance v. McConkeySupreme Court of the United States · 1888
3Cited by9 opinions
- Whitlatch v. . Fidelity and Casualty Co.New York Court of Appeals · 1896
- Aetna Life Insurance v. MilwardCourt of Appeals of Kentucky · 1904
- Martin v. Mutual Life Insurance Co. of New YorkWest Virginia Supreme Court · 1928
- Cutitto v. Metropolitan Life Ins. Co.Supreme Court of Louisiana · 1936
- Whitlatch v. Fidelity & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1897
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