McGlother v. Provident Mut. Acc. Co. of Philadelphia
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United Slates for the Western District of Missouri. This was an action, upon a policy of insurance against accidents, to recover for a death caused by drinking poison under the mistaken belief that it was a harmless medicine.
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In Error to the Circuit Court of the United Slates for the Western District of Missouri. This was an action, upon a policy of insurance against accidents, to recover for a death caused by drinking poison under the mistaken belief that it was a harmless medicine. The policy contained these provisions : "This certificate insures said member, hereafter (¡ailed tlie ‘assured,’ against bodily injuries effected dining the continuance of this insurance by violent, external, and accidental means. * * * The insurance herein provided Undoes not cover or extend to disappearances, suicide, death, or…
1Opinion of the CourtSanborn, Circuit Judge
Is a death from poison accidentally taken under the mistaken belief that it is a harmless medicine a death from poison? That is the real question in this case, and to ask it seems to answer it. If death from poison unconsciously taken under the belief that it is not poison is not a death from poison, what is it a death from? The whole is greater than any of its parts, and includes them all. Death from poison is gréater than, and necessarily includes, death from poison taken in any particular way, because it includes death from poison taken in every way.- It includes death from poison taken…
2Cases cited10 opinions
- Imperial Fire Insurance v. Coos CountySupreme Court of the United States · 1894
- 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
- Travelers' Insurance v. DunlapIllinois Supreme Court · 1896
5 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Dezell v. Fidelity & Casualty Co.Supreme Court of Missouri · 1903
- Hawkeye Commercial Men's Ass'n v. ChristyCourt of Appeals for the Eighth Circuit · 1923
- Delaware Ins. v. GreerCourt of Appeals for the Eighth Circuit · 1903
- Standard Life & Accident Ins. v. McNultyCourt of Appeals for the Eighth Circuit · 1907
- St. Paul Fire & Marine Insurance v. RuddyCourt of Appeals for the Eighth Circuit · 1924
25 more not listed; retrieve them via the Exa API.