Gibson v. Casualty Co. of America
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure.
1Opinion of the Court
McLaughlin, J. :
This is a submission of a controversy pursuant to section 1279 of the Code of Civil Procedure. The defendant issued to the *145plaintiff a policy of insurance, insuring her in the sum of $450 against “a Pott’s fracture effected directly and independently, of all other causes through external, violent and accidental means while riding as a passenger in or on a public conveyance provided by a common carrier for passenger service, including the platform, steps or running board thereof. ” During the life of the policy the plaintiff sustained a Pott’s fracture and the question…
2Cases cited4 opinions
- Northrup v. . the Railway Passenger As. Co.New York Court of Appeals · 1871
- King v. Travelers InsuranceSupreme Court of Georgia · 1897
- Tooley v. Railway Pass. Assur. Co.U.S. Circuit Court for the Southern District of Illnois · 1873
- Champlin v. Railway Passenger Assurance Co.New York Supreme Court · 1872
3Cited by1 opinion
- Rosenfeld v. Travelers' InsuranceAppellate Terms of the Supreme Court of New York · 1916