Miller v. Travelers' Insurance
Supreme Court of Minnesota
The plaintiffs, who are heirs of James C. Miller, deceased, brought this action in the district court for Hennepin county, to recover upon a policy of insurance issued by the defendant to the deceased, and payable to “his legal heirs.” Upon the trial before Hicks, J., and a jury, the action was dismissed on defendant’s motion. Plaintiffs appeal from an order refusing a new trial.
1Opinion of the CourtDickinson, J.
This action is for the recovery of the amount of a policy of insurance, whereby, in consideration of $20 premium paid, *549the defendant insured one James C. Miller in the sum of $5,000 against death from accident. It appeared from the case presented at the trial on the part of the plaintiffs, that Miller, in company with another man, attempted to get upon a railway train in motion, just after it had started from the railway station at St. Paul, going to Minneapolis. The train was moving at the rate of about four miles an hour. The two men attempted at once to get on the train, at the forward end…
2Cited by9 opinions
- Everson v. General Accident, Fire & Life Assurance Corp.Massachusetts Supreme Judicial Court · 1909
- Union Mutual Accident Ass'n v. FrohardIllinois Supreme Court · 1890
- Fox v. Masons' Fraternal Accident Ass'n of AmericaWisconsin Supreme Court · 1897
- Hess v. Preferred Masonic Mutual Accident Ass'nMichigan Supreme Court · 1897
- Wildey Casualty Co. v. SheppardSupreme Court of Kansas · 1900
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