Anthony v. Mercantile Mutual Accident Ass'n
Massachusetts Supreme Judicial Court
Contract, upon a policy of insurance against accident, issued by the defendant to William A. Anthony, and payable to the plaintiff, who was his widow. At the trial in the Superior Court, before Braley, J., the jury returned a verdict for the plaintiff; and the judge, at the request of the parties, reported the case for the determination of this court.
Read the full summary
Contract, upon a policy of insurance against accident, issued by the defendant to William A. Anthony, and payable to the plaintiff, who was his widow. At the trial in the Superior Court, before Braley, J., the jury returned a verdict for the plaintiff; and the judge, at the request of the parties, reported the case for the determination of this court. If the case should have been submitted to the jury, judgment was to be entered on the verdict; otherwise, judgment was to be entered for the defendant. The facts appear in the opinion.
1Opinion of the CourtKnowlton, J.
The plaintiff claims under a policy of insurance, whereby the defendant promised to pay her five thousand dollars on proof of the death of her husband, William *356A. Anthony, from “ bodily injuries effected through external, violent, and accidental means, within the intent and meaning of the conditions” recited therein. The testimony in regard to the material facts was uncontradicted. William A. Anthony was a passenger on a train on the Colorado and Midland Railroad. He was seen in his usual health in one of the cars of the train late in the evening of September 3, 1891, just before it reached…
2Cases cited4 opinions
- Freeman v. Travelers' InsuranceMassachusetts Supreme Judicial Court · 1887
- Coburn v. Travelers' InsuranceMassachusetts Supreme Judicial Court · 1887
- Keene v. New England Mutual Accident Ass'nMassachusetts Supreme Judicial Court · 1894
- Badenfeld v. Massachusetts Mutual Accident Ass'nMassachusetts Supreme Judicial Court · 1891
3Cited by35 opinions
- Jerke v. Delmont State BankSouth Dakota Supreme Court · 1929
- Arnd v. AylesworthSupreme Court of Iowa · 1909
- Poole v. First Nat. Bank of SmyrnaCourt of Appeals of Tennessee · 1946
- Provident Life & Accident Ins. v. PrietoTennessee Supreme Court · 1935
- Murray v. Continental InsuranceMassachusetts Supreme Judicial Court · 1943
30 more not listed; retrieve them via the Exa API.