Travelers' Ins. Co v. Dupree
Alabama Court of Appeals
Appeal from Circuit Court, Jefferson County ; C. W. Ferguson, Judge. Action by George H. Dupree against the Travelers’ Insurance Company. Judgment for plaintiff, and defendant appeals. The facts sufficiently appear.
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Appeal from Circuit Court, Jefferson County ; C. W. Ferguson, Judge. Action by George H. Dupree against the Travelers’ Insurance Company. Judgment for plaintiff, and defendant appeals. The facts sufficiently appear. The following written charges were refused to the defendant: Assignment 2. If you believe from the evidence that the plaintiff was the physical aggressor and struck the first blow in the encounter between him and Mr. Harper, it is your duty to return a verdict in favor of the defendant, although you may also believe from the evidence that before plaintiff struck said Harper said…
1Opinion of the CourtSamford, J.
The plaintiff was insured by defendant against “loss resulting from bodily injuries, effected directly and independently of all other causes, through external, violent, and accidental means.” According to the plaintiff’s contention, which was supported by evidence, the plaintiff was injured whije engaged in a difficulty with one Harper, under the following circumstances: Plaintiff was in his own office, when Harper entered, and without provocation began a conversation with plaintiff, in which Harper became abusive in his language tor wards plaintiff, and finally used toward him several vile…
2Cases cited8 opinions
- Richards v. Travelers Insurance Co.California Supreme Court · 1891
- Lovelace v. Travelers' Protective Ass'nSupreme Court of Missouri · 1894
- Insurance Co. v. BennettTennessee Supreme Court · 1891
- Equitable Accident Insurance v. OsbornSupreme Court of Alabama · 1890
- Supreme Council of Order of Chosen Friends v. GarrigusIndiana Supreme Court · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Mutual Life Ins. Co. of New York v. SargentCourt of Appeals for the Fifth Circuit · 1931
- Mutual Benefit Health & Accident Ass'n v. RyderSupreme Court of Virginia · 1936
- National Life Accident Ins. Co. v. HannonSupreme Court of Alabama · 1924
- United Security Life Insurance Company v. ClarkAlabama Court of Appeals · 1959
- National Life Accident Ins. Co. v. HannonSupreme Court of Alabama · 1926
6 more not listed; retrieve them via the Exa API.