Wharton v. New York Life Insurance
Supreme Court of North Carolina
Appeal by defendant from Daniels, J., at April Term, 1919, of Pamlico. This was an action on a $5,000 insurance policy on tbe life of Raymond M. Wharton, with the following additional provision: “Or double the face of this policy upon receipt of due proof that the death of the insured was caused directly by accident while traveling as a passenger on a street car, railway train, steamboat licensed for transportation of passengers, or other public conveyance operated by a…
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Appeal by defendant from Daniels, J., at April Term, 1919, of Pamlico. This was an action on a $5,000 insurance policy on tbe life of Raymond M. Wharton, with the following additional provision: “Or double the face of this policy upon receipt of due proof that the death of the insured was caused directly by accident while traveling as a passenger on a street car, railway train, steamboat licensed for transportation of passengers, or other public conveyance operated by a common carrier.” And with the further provision: “In event of self-destruction during the first two years, whether the…
1Opinion of the CourtClark, C. J.
It is admitted that the plaintiff’s intestate, R. M. Wharton, on 3 June, 1917, boarded- a train at Greensboro with ticket to Goldsboro, which train was due to arrive in Raleigh at 4:20 a. m. It was also in proof that the deceased bought a thousand-mile book at Greensboro and exchanged 189 miles of it for a ticket to New Bern and rode in the white day coach from Greensboro to Raleigh, and was killed by the same coach as the train was backing out of the Raleigh station about 4:35 a. m., and tbat be bad on bis person tbe mileage book and coupon from Greensboro to New Bern and was on bis way to…
2Cases cited7 opinions
- Spruill v. Northwestern Mutual Life InsuranceSupreme Court of North Carolina · 1897
- Reynolds v. Lloyd Cotton MillsSupreme Court of North Carolina · 1919
- Dodge v. Boston & Bangor Steamship Co.Massachusetts Supreme Judicial Court · 1889
- Parsons v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1889
- Daniel v. . R. R.Supreme Court of North Carolina · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Aschenbrenner v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1934
- MacClure v. Accident & Casualty Insurance Co.Supreme Court of North Carolina · 1948
- Gorham v. . Insurance Co.Supreme Court of North Carolina · 1938
- Hedgecock v. Jefferson Standard Life InsuranceSupreme Court of North Carolina · 1937
- Holmes v. WhartonSupreme Court of North Carolina · 1927
8 more not listed; retrieve them via the Exa API.