Stewart v. General Accident Insurance Co. of Philadelphia
Superior Court of Pennsylvania
Appeal, No. 159, Oct. T., 1908, by defendant, from judgment of C. P. Bedford Co., Nov. T., 1905, No. 136, on verdict for plaintiff in case of John B. Stewart v. General Accident Insurance Company of Philadelphia. Assumpsit on an accident policy. See previous report of the casfe in 35 Pa.
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Appeal, No. 159, Oct. T., 1908, by defendant, from judgment of C. P. Bedford Co., Nov. T., 1905, No. 136, on verdict for plaintiff in case of John B. Stewart v. General Accident Insurance Company of Philadelphia. Assumpsit on an accident policy. See previous report of the casfe in 35 Pa. Superior Ct. 120. Woods, P. J., charged in part as follows: The plaintiff takes the stand and he testifies to you that when the policy was issued he notified this witness, Mr. Phillips, who was agent of the company, that he had a policy in the True Blue for health benefits but that it was no accident…
1Opinion of the Court
Opinion by
Orlady, J.,
When this case was before the court in 35 Pa. Superior Ct. 120, we held that certain evidence which had been excluded was competent, relevant, and material and should have been received, and when received, at least as to the credibility of the witnesses, would necessarily have been raised; and if the offers of evidence presented by the defendant had been received, and if the testimony had risen to the level of the offers, it would have become a question of fact for the jury. On the retrial of the case, the plaintiff recovered a verdict after the excluded evidence…
2Cases cited12 opinions
- Grier v. Northern Assurance Co.Supreme Court of Pennsylvania · 1898
- Bonnert v. Pennsylvania Ins.Supreme Court of Pennsylvania · 1889
- McSparran v. Southern Mutual InsuranceSupreme Court of Pennsylvania · 1899
- McFarland v. Kittanning Ins.Supreme Court of Pennsylvania · 1890
- Niagara Fire Ins. v. MillerSupreme Court of Pennsylvania · 1888
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- Evans v. Metropolitan Life Ins. Co.Supreme Court of Pennsylvania · 1928
- Thomas v. Employers Liability Assurance Corp. Ltd. of LondonSupreme Court of Pennsylvania · 1925
- A. Schulman, Inc. v. Baer Co.Superior Court of Pennsylvania · 1962
- Kearney v. Security Ins.Superior Court of Pennsylvania · 1917
- Logar v. Main, Beaver & Black Creek Mutual Fire & Lightning InsuranceSuperior Court of Pennsylvania · 1935