American Accident Co. v. Carson
Court of Appeals of Kentucky
Cass 72 — PETITION ORDINARY APPEAL PROM JEEEERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. 1. In the absence in this court of the evidence introduced in the lower court 'by the appellant to sustain its defense, the presumption must prevail that the peremptory instruction to find for plaintiff in the lower court was ¡proper. 2. Where one, by the act of another, received an injury which he has no agency in bringing on himself, and which was not foreseen by him, from which death…
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Cass 72 — PETITION ORDINARY APPEAL PROM JEEEERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. 1. In the absence in this court of the evidence introduced in the lower court 'by the appellant to sustain its defense, the presumption must prevail that the peremptory instruction to find for plaintiff in the lower court was ¡proper. 2. Where one, by the act of another, received an injury which he has no agency in bringing on himself, and which was not foreseen by him, from which death results, it is a death through external, violent and accidental means. (Hutcheraft’s Ex’or v. Traveler’s Ins. Co., 87…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion oe the court.
In April, 1891, the appellant company, in consideration of certain agreements, statements and warranties made in the application of one Stephen M. Carson, and the sum of seven dollars issued to him under “division A,” wherein Carson’s occupation was described as that of a druggist, a policy of insurance, known as an “accident policy,” by which, for the term of three months, the applicant was insured against bodily injuries effected through “external, violent, and accidental means,” (1) which wholly disabled him; 2) such injuries as partially…
2Cases cited2 opinions
- Lovelace v. Travelers' Protective Ass'nSupreme Court of Missouri · 1894
- Hutchcraft's Ex'r v. Travelers' InsuranceCourt of Appeals of Kentucky · 1888
3Cited by47 opinions
- Hutcherson v. Sovereign CampTexas Supreme Court · 1923
- Aetna Life Insurance v. BethelCourt of Appeals of Kentucky · 1910
- Travelers' Ins. Co. v. HarrisTexas Commission of Appeals · 1919
- International Travelers Ass'n v. MarshallTexas Supreme Court · 1938
- Aetna Life Insurance v. MilwardCourt of Appeals of Kentucky · 1904
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