Legal Opinion · Dissent

Flanagan v. Equitable Life Assurance Society of the United States

Supreme Court of New Jersey

Decided January 11, 1954Published

1DissentHeher, J.

I shall not go into the evidence, except to say that at the time the accused was under the care of a physician, following a gall bladder operation, and there is some evidential basis for the suggestion that it is not improbable he was taking a short-cut to his physician’s office, via a by-road or pathway leading to the railroad, a course he had taken on occasion. There is no contention that the proofs did not raise an issue for the jury as to whether the death of the assured was due to external, violent and purely accidental means within the intendment of the policy. The sole question is…

2Cases cited4 opinions

  1. Commercial Molasses Corp. v. New York Tank Barge Corp.Supreme Court of the United States · 1941
  2. Watkins v. Prudential InsuranceSupreme Court of Pennsylvania · 1934
  3. New York Life Insurance v. GamerSupreme Court of the United States · 1938
  4. Bloch v. BrownMississippi Supreme Court · 1947

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