Gallagher v. Fidelity & Casualty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Fidelity and Casualty Company of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 17th day of May, 1913, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 16th day of May, 1913, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Burr, J.:
On February 1, .1910, defendant issued and delivered to plaintiff its policy of accident insurance. By the payment of annual premiums subsequently accruing the policy was in full force on July 11, 1911. Upon that date, which was an exceedingly hot day, after being exposed to the sun’s rays in the necessary conduct of his business, for an unusual number of hours, plaintiff suffered a physical experience which the jury have found, upon sufficient evidence, was. a “ sunstroke.” The policy in question insured the person named therein “Against bodily injury * "x" * through accidental…
2Cases cited9 opinions
- United States Mutual Accident Ass'n v. BarrySupreme Court of the United States · 1889
- American Accident Co. v. CarsonCourt of Appeals of Kentucky · 1896
- Feder v. Iowa State Traveling Men's Ass'nSupreme Court of Iowa · 1899
- Schmid v. Indiana Travelers Accident Ass'nIndiana Court of Appeals · 1908
- Young v. Railway Mail Ass'nMissouri Court of Appeals · 1907
4 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Bryant v. Continental Casualty Co.Texas Supreme Court · 1916
- Matter of Connelly v. Hunt Furniture Co.New York Court of Appeals · 1925
- Richards v. Standard Acc. Ins. Co.Utah Supreme Court · 1921
- Burr v. Commercial Travelers Mutual Accident Ass'n of AmericaNew York Court of Appeals · 1946
- Mansbacher v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1937
24 more not listed; retrieve them via the Exa API.