Legal Opinion

Mitchell v. New York Life Ins.

Ohio Supreme Court

Decided May 8, 1940No. 27619PublishedCited by 13 opinions

1Opinion of the CourtDay, J.

An examination of the evidence discloses that the insured was found in an injured condition on the bathroom floor; that a rubber tube, which was attached to the bathtub faucet, was draped over the tub; that decedent’s son, upon finding his father, asked him “what the trouble was and he said he had been taking an enema and he felt something let loose, just like something burst in him.”

It is undisputed that the sigmoid burst and that food and fecal material passed into the abdominal cavity.

Under these facts, the single question presented is whether the insured died as a result of an injury…

2Cases cited3 opinions

  1. Landress v. Phoenix Mutual Life InsuranceSupreme Court of the United States · 1934
  2. Lewis v. Ocean Accident & Guarantee Corp.New York Court of Appeals · 1918
  3. Rock v. Travelers' Insurance Co.California Supreme Court · 1916

3Cited by13 opinions

  1. Shepherd v. Midland Mutual Life Ins.Ohio Supreme Court · 1949
  2. Zinn v. Equitable Life InsuranceWashington Supreme Court · 1940
  3. Burns v. United StatesDistrict Court, N.D. Ohio · 1959
  4. Rankin v. United Commercial Travelers of AmericaSupreme Court of Kansas · 1964
  5. Hassay v. Metropolitan Life Ins.Ohio Supreme Court · 1942

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