Legal Opinion

Mather v. London Guarantee & Accident Co.

Supreme Court of Minnesota

Decided March 13, 1914No. Nos. 18,512 — (296)PublishedCited by 9 opinions

Action in the district court for St. Louis county by the partners ■of the firm doing business under the name of Pickands, Mather & Co., the Hobart Iron Co., and the Northwestern Trust Co., as administrator of the estate of John Mozina, to recover $409.50. The answer denied that plaintiffs performed the conditions of the policy ■of insurance mentioned in the opinion requisite to entitle them to recover any sum whatever under the policy.

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Action in the district court for St. Louis county by the partners ■of the firm doing business under the name of Pickands, Mather & Co., the Hobart Iron Co., and the Northwestern Trust Co., as administrator of the estate of John Mozina, to recover $409.50. The answer denied that plaintiffs performed the conditions of the policy ■of insurance mentioned in the opinion requisite to entitle them to recover any sum whatever under the policy. The reply alleged that in any event defendant waived any further proof of the death of John Mozina, was fully advised of the accident to him, and through its…

1Opinion of the Court

Taylor, C.

Defendant issued, to Pickands, Mather & Co., as trustees for their employees, an accident policy insuring such employees against accidental injuries. John Mozina, one of the employees so insured, while at work in a boiler room, suffered a “sunstroke” or “heatstroke” from which death ensued. Plaintiffs brought suit upon the policy and recovered a verdict. Defendant made the usual motion for judgment or for a new trial, and appealed from the order denying it.

It is conceded at the outset that sunstroke and heatstroke are synonymous, and mean a sudden prostration resulting from exposure…

2Cases cited2 opinions

  1. Dozier v. Fidelity & Casualty Co.U.S. Circuit Court for the District of Western Missouri · 1891
  2. Sandretto v. WahlstenSupreme Court of Minnesota · 1914

3Cited by9 opinions

  1. Goethe v. New York Life InsuranceSupreme Court of South Carolina · 1937
  2. Wick v. MurphySupreme Court of Minnesota · 1952
  3. Allied Mutual Casualty Co. v. AskerudSupreme Court of Minnesota · 1959
  4. Lower v. Metropolitan Life InsuranceSupreme Court of New Jersey · 1933
  5. Bukata v. Metropolitan Life InsuranceSupreme Court of Kansas · 1937

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