Laessig v. Travelers' Protective Ass'n of America
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Son. Wm. Zachritz, Judge. The court erred in instructing the jury that if there was no direct evidence as to any other cause of death of Clement Laessig, the law presumed that the death was due to accident,, for two reasons: first, there was no- legal presumption of law in this case. If there was a presumption at all it was one of fact as distinguished from one of law.
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Appeal from St. Louis City Circuit Court. — Son. Wm. Zachritz, Judge. The court erred in instructing the jury that if there was no direct evidence as to any other cause of death of Clement Laessig, the law presumed that the death was due to accident,, for two reasons: first, there was no- legal presumption of law in this case. If there was a presumption at all it was one of fact as distinguished from one of law. And it was for the jury to judge from all of the evidence what was the cause of death; secondly, it was error to instruct the jury, as was substantially done, that unless the…
1Opinion of the CourtMarshall, J.
— This is a suit to recover five thousand dollars upon an accident benefit certificate, issued by the defendant, a fraternal beneficial association, organized under the laws of this State. The answer admits the character of its organization, then denies all the allegations of the petition, then admits issuing the benefit certificate, then pleads that by the terms of the certificate the defendant was exempted from liability if the member committed suicide^ while sane or insane, and then alleges that the member committed suicidei, and therefore the defendant is not liable. The plaintiff is the…
2Cases cited8 opinions
- Travellers' Insurance v. McConkeySupreme Court of the United States · 1888
- Home Benefit Assn. v. SargentSupreme Court of the United States · 1892
- Whitlatch v. . Fidelity and Casualty Co.New York Court of Appeals · 1896
- Mutual Life Insurance v. WiswellSupreme Court of Kansas · 1896
- Leman v. Manhattan Life InsuranceSupreme Court of Louisiana · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Fetter v. Fidelity & Casualty Co.Supreme Court of Missouri · 1903
- Wilkinson v. Ætna Life InsuranceIllinois Supreme Court · 1909
- Edwards v. Business Men's Assurance Co. of AmericaSupreme Court of Missouri · 1942
- United States Fidelity & Guaranty Co. v. BlumCourt of Appeals for the Ninth Circuit · 1921
- Mutual Life Ins. Co. of New York v. SargentCourt of Appeals for the Fifth Circuit · 1931
17 more not listed; retrieve them via the Exa API.