Stokely v. Fidelity & Casualty Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. John H. Miller. Action by Mary H. Stokely against the Fidelity & Casualty Company of New York, on an insurance policy. Judgment for defendant, and plaintiff appeals.
1Opinion of the CourtSayre, J.
Plaintiff, wbo takes this appeal, sued defendant on a policy of insurance by which defendant insured John Arthur Haire against “bodily injury sustained * * * through accidental means * * * and resulting directly, independently, and exclusively of all other causes * * * in death.” After all the evidence was in, the trial court gave the general affirmative charge on defendant’s request. Hence this appeal.
The evidence may be fairly stated as follows: During the life of the policy the assured was sick of appendicitis. He submitted himself to an operation by which his appendix was removed. The…
2Cited by9 opinions
- Caldwell v. Travelers Insurance Co.Supreme Court of Missouri · 1924
- Travelers' Ins. Co. v. PlasterSupreme Court of Alabama · 1924
- Kerns v. Ætna Life Ins.Court of Appeals for the Eighth Circuit · 1923
- White v. New York Life Ins. Co.Court of Appeals for the Fifth Circuit · 1944
- Ætna Life Ins. Co. of Hartford v. RyanCourt of Appeals for the Second Circuit · 1918
4 more not listed; retrieve them via the Exa API.