Collins v. United States Casualty Co.
Supreme Court of North Carolina
Civil actioN tried before G'line, J., and a jury at May Term, 1916, of Guilford. The action is based upon a policy of insurance issued by the defendant to the plaintiff in May, 1915, and which was in force on and after the 24th of that month.
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Civil actioN tried before G'line, J., and a jury at May Term, 1916, of Guilford. The action is based upon a policy of insurance issued by the defendant to the plaintiff in May, 1915, and which was in force on and after the 24th of that month. The policy insured the plaintiff to the amount of $5,000 as follows: “Subject to its terms, this policy indemnifies for loss of time, of sight, of limb, and of life from accident, and for loss of time, of sight, and use of limb.from sickness, David Harley Collins, of Greensboro, North Carolina, by occupation a justice of the peace and United States…
1Opinion of the Court
Walker, J.,
after stating the case: The motion for a nonsuit on the evidence was properly denied. There was evidence in the case upon which the jury could return a verdict for the plaintiff, as the evidence, upon such a motion, must be construed most favorably in behalf of the plaintiff, and if in any reasonable view of it he is entitled to recover, it should be submitted to the jury, and they have found that there was no fraud or misrepresentation on the part of the plaintiff. Brittain v. Westhall, 135 N. C., 492; Shaw v. Public Service Corporation, 168 N. C., 611; Clark v. Whitehurst, 171 N.…
2Cases cited18 opinions
- New York Life Insurance v. FletcherSupreme Court of the United States · 1886
- Ryan v. World Mutual Life InsuranceSupreme Court of Connecticut · 1874
- Griffin v. Lumber Co.Supreme Court of North Carolina · 1906
- Centennial Mutual Life Ass'n v. ParhamTexas Supreme Court · 1891
- Sossamon v. Cruse.Supreme Court of North Carolina · 1903
13 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- McCain v. Hartford Live Stock InsuranceSupreme Court of North Carolina · 1925
- Fallins v. Durham Life Insurance Co.Supreme Court of North Carolina · 1957
- Nowell v. BasnightSupreme Court of North Carolina · 1923
- Thomas-Yelverton Co. v. State Capital Life InsuranceSupreme Court of North Carolina · 1953
- Mutual Hospital Insurance, Inc. v. KlapperIndiana Court of Appeals · 1972
10 more not listed; retrieve them via the Exa API.