Legal Opinion · Dissent

Tschudi v. Metropolitan Life Ins.

Court of Appeals for the Eighth Circuit

Decided July 18, 1934No. 9827Published

1DissentGardner, Circuit Judge

I find myself unable to concur in the foregoing opinion. It will not be necessary to restate the facts, further than to call attention to a few additional facts which I shall take occasion to do during the course of the opinion.

As stated in the majority opinion, the plaintiff seeks to recover upon the double indemnity portion of the insurance policies issued by appellee upon the life of Robert Tsehudi; it being alleged that his death resulted directly and independently of all other causes from bodily injury sustained through external, violent, and accidental means. The burden of proof was…

2Cases cited26 opinions

  1. Travellers' Insurance v. McConkeySupreme Court of the United States · 1888
  2. John F. Jelke Co. v. BeckWisconsin Supreme Court · 1932
  3. Lincoln Nat. Life Ins. Co. v. EricksonCourt of Appeals for the Eighth Circuit · 1930
  4. New York Life Ins. Co. v. RossCourt of Appeals for the Sixth Circuit · 1928
  5. United States v. Le DucCourt of Appeals for the Eighth Circuit · 1931

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