Smith v. Travelers Insurance
Massachusetts Supreme Judicial Court
Contract on a policy of accident insurance, payable in case of death to the plaintiff, insuring Charles G. Smith, late of Boston, against the bodily injuries there specified and against death resulting “from such injuries alone, within ninety days from the date of accident,” as described in the opinion.
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Contract on a policy of accident insurance, payable in case of death to the plaintiff, insuring Charles G. Smith, late of Boston, against the bodily injuries there specified and against death resulting “from such injuries alone, within ninety days from the date of accident,” as described in the opinion. Writ dated March 15, 1913. In the Superior Court the case was tried before Fox, J. At the close of the plaintiff’s evidence, which is described in the opinion, the judge, with the consent of the parties, ordered a verdict for the defendant and reported the case for determination by this court,…
1Opinion of the CourtSheldon, J.
The deceased, whose life was insured by the defendant against some risks, died from spinal meningitis. This disease, according to the plaintiff’s evidence, was caused by the presence of streptococcus germs in the brain. The germs had penetrated into the brain from the middle ear through a hole in the mastoid bone. They had been carried into the ear from the outer nose, through the Eustachian tube, by a nasal douche which the deceased was using for catarrh, as he had been in the habit of doing, and which on this occasion he had “snuffed” or drawn into his nostril less gently or harder or more…
2Cases cited14 opinions
- United States Mutual Accident Ass'n v. BarrySupreme Court of the United States · 1889
- Travellers' Insurance v. McConkeySupreme Court of the United States · 1888
- Paul v. . Travelers' Ins. Co.New York Court of Appeals · 1889
- Freeman v. Mercantile Mutual Accident Ass'nMassachusetts Supreme Judicial Court · 1892
- Healey v. Mutual Accident Ass'n of the NorthwestIllinois Supreme Court · 1890
9 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- VAPPI & CO. INC. v. Aetna Casualty & Surety Co.Massachusetts Supreme Judicial Court · 1965
- Leland v. Order of United Commercial Travelers of AmericaMassachusetts Supreme Judicial Court · 1919
- New England Gas & Electric Ass'n v. Ocean Accident & Guarantee Corp.Massachusetts Supreme Judicial Court · 1953
- Lincoln Nat. Life Ins. Co. v. EricksonCourt of Appeals for the Eighth Circuit · 1930
- Evans v. Metropolitan Life InsuranceWashington Supreme Court · 1946
43 more not listed; retrieve them via the Exa API.