Mitchell v. German Commercial Accident Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Charles Claflin Allen, Judge. The court erred in giving the peremptory instruction, because death from accident is covered by the policy, (a) The exemption from liability for injuries, not received on a common carrier, does not refer to the death provision, but is limited to the injuries mentioned. Chatterton v. Ins.
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Appeal from St. Louis City Circuit Court. — Hon. Charles Claflin Allen, Judge. The court erred in giving the peremptory instruction, because death from accident is covered by the policy, (a) The exemption from liability for injuries, not received on a common carrier, does not refer to the death provision, but is limited to the injuries mentioned. Chatterton v. Ins. Co., 68 N. J. L. 79. Where the company has by its policy distinguished between injuries and injuries, fatal or otherwise, injuries means only those not resulting in death. Mc-Grlinchey v. Fid. & Cas. Co., 80 Maine 251. (b) By the…
1Opinion of the CourtNortoni, J.
This is a shit on a policy of accident insurance. At the conclusion of the evidence the court gave judgment for defendant as a, conclusion of law, and plaintiff prosecutes the appeal.
It appears that plaintiff is the widow of Charles C. Mitchell, the insured, and as such she is the beneficiary in the policy. Charles C. Mitchell, plaintiff’s insured husband, came to his death from injuries received while attempting to board a moving street car in the city of St. Louis, but before he had entered the same. The suit is for $1000, the death benefit specified in the policy, provided death occur from…
2Cases cited2 opinions
- LaForce v. Williams City Fire InsuranceMissouri Court of Appeals · 1891
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- Life Casualty Ins. Co. of Tennessee v. De ArmanSupreme Court of Arkansas · 1936
- Maupin v. Southern Surety Co.Missouri Court of Appeals · 1920
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