Bailey v. Interstate Casualty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James H. Bailey, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Essex on the 13th day of December, 1895, upon a dismissal of the complaint upon the merits, directed by the court after a trial before the court and a jury at the Essex Circuit.
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Appeal by the plaintiff, James H. Bailey, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Essex on the 13th day of December, 1895, upon a dismissal of the complaint upon the merits, directed by the court after a trial before the court and a jury at the Essex Circuit. The case was tried at the Essex Circuit before the court and a jury, and at the close of the evidence on the part of the plaintiff a nonsuit was granted and the judgment appealed from was thereupon entered.
1Opinion of the Court
Merwin, J.:
This action is brought ■ to recover weekly indemnities to the amount of $481.50 under a policy issued by the defendant to the plaintiff on the 28th of April, 1894, by which the defendant insured the plaintiff for the term of twelve months “ against bodily injuries, sustained through external, violent and accidental means.”
In the complaint it is alleged that on the 6th of November, 1894, the plaintiff sustained bodily injuries through external, violent and accidental means by reason whereof, independently of all other causes, he was disabled for the period of twenty-two weeks; that…
2Cases cited4 opinions
- United States Mutual Accident Ass'n v. BarrySupreme Court of the United States · 1889
- Freeman v. Mercantile Mutual Accident Ass'nMassachusetts Supreme Judicial Court · 1892
- Coburn v. Travelers' InsuranceMassachusetts Supreme Judicial Court · 1887
- Bacon v. . U.S.M.A. Assn.New York Court of Appeals · 1890
3Cited by30 opinions
- Lewis v. Ocean Accident & Guarantee Corp.New York Court of Appeals · 1918
- Caldwell v. Travelers Insurance Co.Supreme Court of Missouri · 1924
- International Travelers' Ass'n v. FrancisTexas Supreme Court · 1930
- Schmid v. Indiana Travelers Accident Ass'nIndiana Court of Appeals · 1908
- Horton v. Travelers InsuranceCalifornia Court of Appeal · 1920
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