Wright v. Order of United Commercial Travelers of America
Missouri Court of Appeals
Appeal from Lincoln Circuit Court.—Eon. B. E. Dyer, Judge., (1) The burden of proof was upon the plaintiff to establish the fact that the death of William N. Wright was cauesd by bodily injury, effected through violent, external and accidental means, and that this alone caused his death. Shanberg v. Fid. & Cas. Co., 158 Fed. 1; Natl. Masonic Assoc, v. Shryock, 73 Fed. 774; Stanton v. Trav. Ins. Co., 78 Atl. 317; Smith v. Railroad, 200 Fed. 553; 111. Com.
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Appeal from Lincoln Circuit Court.—Eon. B. E. Dyer, Judge., (1) The burden of proof was upon the plaintiff to establish the fact that the death of William N. Wright was cauesd by bodily injury, effected through violent, external and accidental means, and that this alone caused his death. Shanberg v. Fid. & Cas. Co., 158 Fed. 1; Natl. Masonic Assoc, v. Shryock, 73 Fed. 774; Stanton v. Trav. Ins. Co., 78 Atl. 317; Smith v. Railroad, 200 Fed. 553; 111. Com. Men’s Assoc, v. Parks, 179 Fed. 794; White v. Ins. Co., 95 Minn. 77; Searles v. Railroad, 101 N. Y. 661; Com. Men’s Assoc, v. Fulton, 79…
1Opinion of the CourtNortoni, J.
This is a suit on a contract of accident insurance. Plaintiff recovered and defendant prosecutes the appeal.
Plaintiff is the widow of the insured, William N. Wright, and the benficiary named in the policy. It is stipulated in event the insured suffered ‘‘ bodily injury effected through external, violent and accidental means which alone and independent of all other causes should occasion death, immediately, or within six months from *460the happening thereof,” defendant would pay plaintiff, the beneficiary, $5000 on account of such death.
The important question for consideration relates to the…
2Cases cited10 opinions
- United States v. RossSupreme Court of the United States · 1876
- Warner v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Beile v. Travelers Protective Ass'n of AmericaMissouri Court of Appeals · 1911
- Young v. Railway Mail Ass'nMissouri Court of Appeals · 1907
- Laessig v. Travelers' Protective Ass'n of AmericaSupreme Court of Missouri · 1902
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Tuttle v. Pacific Mutual Life InsuranceMontana Supreme Court · 1920
- Phillips v. Travelers Insurance Co.Supreme Court of Missouri · 1921
- Gulf Refining Co. v. FrazierCourt of Appeals of Tennessee · 1934
- Walsh Ex Rel. Walsh v. Table Rock Asphalt Construction Co.Missouri Court of Appeals · 1975
- Donohue v. Washington Nat. Ins. Co.Court of Appeals of Kentucky (pre-1976) · 1935
6 more not listed; retrieve them via the Exa API.