Kasten v. Interstate Casualty Co. of New York
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: D. H. Johnson, Circuit Judge. Action to recover on a $2,000 policy of accident and life-insurance, which insured Ered A. Hasten against bodily injury sustained through external, violent, and accidental means, and provided that in case of death from such injuries within ninety days therefrom, independently of all other causes, the company should pay the sum of $2,000 to his wife, Josephine M. Kasten, if…
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Appeal from a judgment of the circuit court for Milwaukee county: D. H. Johnson, Circuit Judge. Action to recover on a $2,000 policy of accident and life-insurance, which insured Ered A. Hasten against bodily injury sustained through external, violent, and accidental means, and provided that in case of death from such injuries within ninety days therefrom, independently of all other causes, the company should pay the sum of $2,000 to his wife, Josephine M. Kasten, if surviving, otherwise to his legal representatives, subject, however, to several conditions, among which was the following:…
1Opinion of the CourtMaeshall, J.
The evidence goes no further than the complaint. It may be said to establish the fact of death as alleged, that is, that it was produced by the accidental planting of septic matter in the mouth of the deceased at or about the time his teeth were extracted. While the inference from the allegations of the complaint is that the introduction of the foreign substance, which subsequently caused death, into the person of the deceased, was accidental, it was nevertheless by an act to which he consented. So the rulings on the demurrer to the complaint and the motions for the direction of a verdict,…
2Cases cited5 opinions
- Paul v. . Travelers' Ins. Co.New York Court of Appeals · 1889
- Travelers' Insurance v. DunlapIllinois Supreme Court · 1896
- Menneiley v. Employers' Liability Assurance Corp.New York Court of Appeals · 1896
- Fidelity & Casualty Co. of New York v. WatermanIllinois Supreme Court · 1896
- Early v. Standard Life & Accident InsuranceMichigan Supreme Court · 1897
3Cited by4 opinions
- Maryland Casualty Co. v. HudginsTexas Supreme Court · 1903
- Maryland Casualty Co. v. GehrmannCourt of Appeals of Maryland · 1903
- Railway Mail Ass'n v. DentCourt of Appeals for the Eighth Circuit · 1914
- Riley v. Inter-State Business Men's Accident Ass'nSupreme Court of Iowa · 1918