Legal Opinion · Dissent

Hess v. Preferred Masonic Mutual Accident Ass'n

Michigan Supreme Court

Decided March 23, 1897Published

Error to St. Joseph; Padgham, J., presiding. Assumpsit by Lloyd B. Hess against the Preferred Masonic Mutual Accident Association of America on a policy of insurance. From a judgment for plaintiff, defendant brings error.

1DissentGrant, J.

I cannot concur in that part of my Brother Moore’s opinion wherein he approves the following charge of the court:

“In considering the question as to whether the plaintiff was engaged in any profession, employment, or exposure not rated in the policy as a preferred occupation at the time he lost his hand, I charge you that engaging in an occupation on the part of the person insured against injury by accident does not mean a casual engaging, such as most men do, or may do, or may resort to during the intervals of time when their usual employment does not engage them, but rather to engaging in…

2Cases cited1 opinion

  1. Hess v. Van AukenNew York Court of Common Pleas · 1895

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