Legal Opinion

Maryland Casualty Co. v. McCallum

Supreme Court of Alabama

Decided May 24, 1917No. 4 Div. 655PublishedCited by 29 opinions

Appeal from Circuit Court, Covington County; A. H. Alston, Judge. Action by Jessie Y. McCallum against the Maryland Casualty Company, on an accident insurance policy upon the life of E. Ben McCallum. From a judgment for plaintiff, defendant appeals.

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Appeal from Circuit Court, Covington County; A. H. Alston, Judge. Action by Jessie Y. McCallum against the Maryland Casualty Company, on an accident insurance policy upon the life of E. Ben McCallum. From a judgment for plaintiff, defendant appeals. The following are the counts of the complaint mentioned in this opinion: (2) Plaintiff claims of defendant $1,000 with interest thereon, due on a policy whereby defendant, on the 20th day of January, 1913, insured for a term of one year the life of E. Ben McCallum against bodily injuries, effected directly and independently of all other causes…

1Opinion of the CourtSayre, J.

Action on a policy of accident insurance brought by appellee against appellant. Plaintiff, the beneficiary named in the policy, claimed that the insured came to his death by reason of wounds received in a personal rencounter in which he was wholly free from fault; defendant claimed that insured died of typhoid fever without contribution from wounds which, it contended, were trivial and inconsequential. There was evidence to support both contentions, and it may as well be said here that, whatever may be thought of the general result, there was evidence to support plaintiff’s case, and the…

2Cases cited5 opinions

  1. Smith v. StateSupreme Court of Alabama · 1913
  2. Watson v. AdamsSupreme Court of Alabama · 1914
  3. Green v. StateSupreme Court of Alabama · 1892
  4. National Life & Accident Insurance v. LokeySupreme Court of Alabama · 1910
  5. Western Railway v. TurrentineSupreme Court of Alabama · 1916

3Cited by29 opinions

  1. Johnson v. JohnsonSupreme Court of Alabama · 1917
  2. New York Life Insurance v. ThompsonCourt of Appeals of Georgia · 1932
  3. Davis v. StateAlabama Court of Appeals · 1922
  4. Kilpatrick v. StateSupreme Court of Alabama · 1925
  5. Windom v. StateAlabama Court of Appeals · 1922

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