Legal Opinion

United States Mutual Accident Ass'n v. Newman

Supreme Court of Virginia

Decided November 17, 1887PublishedCited by 38 opinions

Argued at Staunton. Decided at Richmond. Error to judgment of circuit court of Augusta county rendered December 3d, 1886, in an action on an accident policy wherein Nora Newman, by her next Mend, was plaintiff, and the United States Mutual Accident Association was defendant. At the trial instructions were asked for by the defendant, and refused, and others given in lieu thereof; to which the defendant excepted.

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Argued at Staunton. Decided at Richmond. Error to judgment of circuit court of Augusta county rendered December 3d, 1886, in an action on an accident policy wherein Nora Newman, by her next Mend, was plaintiff, and the United States Mutual Accident Association was defendant. At the trial instructions were asked for by the defendant, and refused, and others given in lieu thereof; to which the defendant excepted. The verdict was for the plaintiff’ and judgment was entered accordingly, for $3,000.

1Opinion of the CourtLacy, J.

This ease is as follows: On the 14th day of November, 1884, a certificate of membership was issued to one James E. Newman for the benefit of his sister Nora Newman, a child of about five years of age. On the morning of September 3rd, 1885, the said James E. Newman was found dead in bed, in a public hotel in the city of Richmond. He had retired to bed about eleven o’clock the night before, and had requested the servant to call him about six o’clock in the morning. The servant upon entering the room next morning about six o’clock, found the room full of coal gas and James E. Newman dead in bed…

2Cases cited4 opinions

  1. Home Insurance v. Baltimore Warehouse Co.Supreme Court of the United States · 1876
  2. Turley v. North American Fire InsuranceNew York Supreme Court · 1841
  3. Home Insurance v. GwathmeySupreme Court of Virginia · 1887
  4. Westfall v. Hudson River Fire InsuranceThe Superior Court of New York City · 1853

3Cited by38 opinions

  1. Manufacturers' Accident Indemnity Co. v. DorganCourt of Appeals for the Sixth Circuit · 1893
  2. St. Paul Fire & Marine Insurance v. S. L. Nusbaum & Co.Supreme Court of Virginia · 1984
  3. Bentley v. Standard Fire InsuranceWest Virginia Supreme Court · 1895
  4. Pickett v. Pacific M. L. Ins., Pennsylvania Court of Common Pleas, Warren County1891
  5. Erie Ins. Exchange v. EPC MD 15, LLCSupreme Court of Virginia · 2019

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