Shamlian v. Equitable Accident Co.
Massachusetts Supreme Judicial Court
Contract for $1,000 upon a policy of accident insurance as described in the opinion. Writ in the Municipal Court of the City of Boston dated July 1, 1914. Upon the evidence, which is described in the opinion, the judge of the Municipal Court found for the plaintiff in the sum of $1,000, and at the request of the defendant reported the case to the Appellate Division. The Appellate Division made an order dismissing the report; and the defendant appealed.
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Contract for $1,000 upon a policy of accident insurance as described in the opinion. Writ in the Municipal Court of the City of Boston dated July 1, 1914. Upon the evidence, which is described in the opinion, the judge of the Municipal Court found for the plaintiff in the sum of $1,000, and at the request of the defendant reported the case to the Appellate Division. The Appellate Division made an order dismissing the report; and the defendant appealed. R. L. c. 29, § 20, is as follows: “The record of the city or town clerk relative to a birth, marriage or death shall be prima facie evidence…
1Opinion of the CourtCrosby, J.
The plaintiff is the beneficiary named in an accident insurance policy duly issued by the defendant to one John K. Shamlian, the husband of the plaintiff, for $1,000, by the terms of which she is entitled to receive that amount in the event of the death of the insured “by external, violent and accidental means.”
The case is before us upon an appeal from an order of the Appellate Division of the Municipal Court of the City of Boston dismissing a report of a judge of that court. The report recites that “It appeared in evidence that on the morning of February 9, 1914, the assured, John K.…
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