McGlinchey v. Fidelity & Casualty Co.
Supreme Judicial Court of Maine
On report. The opinion states the case and material facts. submitted without argument. We cannot better state the law of this case than by quoting the language of United States Circuit Court Judge Clark, of New Hampshire, in his charge to the jury in the case of Ephraim Whitehouse v. Travellers'1 Ins. Go.
Read the full summary
On report. The opinion states the case and material facts. submitted without argument. We cannot better state the law of this case than by quoting the language of United States Circuit Court Judge Clark, of New Hampshire, in his charge to the jury in the case of Ephraim Whitehouse v. Travellers'1 Ins. Go. Insurance Law Journal, Yol. 7, p. 28, which isas follows: "Now, in order to enable the plaintiff to recover under this policy, gentlemen, it is incumbent on the plaintiff to prove to you that this injury or accident was the cause of death, and the sole cause. It is also incumbent on him to…
1Opinion of the CourtPeters, C. J.
The plaintiffs, who are minor children, sue for one thousand dollars, an amount insured in an accident policy on the life of their father by the defendant company. The circumstances of the father’s death were these: On a morning, while a resident of Calais, he was driving in a covered carriage, containing himself and his two small boys, on the principal public way in St. Stephen, N. B., when his horse, frightened at a load of hides passing on the same way, suddenly sprang into a run, first jumping to the side of the wav and nearly colliding with other teams, and ran a considerable distance…
2Cases cited5 opinions
- Accident Insurance v. CrandalSupreme Court of the United States · 1887
- Mallory v. . the Travelers' Ins. Co.New York Court of Appeals · 1871
- Vandenburgh v. TruaxNew York Supreme Court · 1847
- Coulter v. . American Merchants' Un. Ex. Co.New York Court of Appeals · 1874
- Commonwealth v. WhiteMassachusetts Supreme Judicial Court · 1872
3Cited by51 opinions
- Western Commercial Travelers' Ass'n v. SmithCourt of Appeals for the Eighth Circuit · 1898
- Paul v. . Travelers' Ins. Co.New York Court of Appeals · 1889
- Healey v. Mutual Accident Ass'n of the NorthwestIllinois Supreme Court · 1890
- Linden Motor Freight Co., Inc. v. Travelers Ins. Co.Supreme Court of New Jersey · 1963
- Lane v. Horn & Hardart Baking Co.Supreme Court of Pennsylvania · 1918
46 more not listed; retrieve them via the Exa API.