Whitlatch v. Fidelity & Casualty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Josephine Whitlatch, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 4th day of February, ' 1897, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 1st day of February, 1897, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hatch, J.:
This case has been four times tried. The" first trial resulted in a ■ verdict for the plaintiff in the sum of $113, which upon appeal the plaintiff procured to be reversed. The ground of reversal was based upon a so-called erroneous charge in the submission of the case to the jury. The General Term laid down the rule that the burden of proof to establish intentional injury rested upon the defendant, and that if the proof failed of showing that the injuries were inflicted by the act of the deceased, the defense was not established. (Whitlatch v. Fidelity & Casualty Company, 71 Hun,…
2Cases cited7 opinions
- Whitlatch v. . Fidelity and Casualty Co.New York Court of Appeals · 1896
- Smith v. . MatthewsNew York Court of Appeals · 1897
- Allen v. . AllenNew York Court of Appeals · 1886
- Whitlatch v. Fidelity & Casualty Co.New York Supreme Court · 1893
- Smith v. CrockerAppellate Division of the Supreme Court of the State of New York · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In re the Probate of Papers Propounded as the Last Will & Testament & a Codicil thereto of Van NessNew York Surrogate's Court · 1912
- State v. FrancisMontana Supreme Court · 1920
- Landon v. Preferred Accident InsuranceAppellate Division of the Supreme Court of the State of New York · 1899
- National Fire Insurance of Hartford v. ShearmanAppellate Division of the Supreme Court of the State of New York · 1928
- Kramer v. KramerAppellate Division of the Supreme Court of the State of New York · 1903
3 more not listed; retrieve them via the Exa API.