Beile v. Travelers Protective Ass'n of America
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Virgil Rule, Judge. (1) An effect which is not the natural or probable consequence of the means which produced it, an effect which does not ordinarily follow and cannot be reasonably anticipated from the use of such means, an effect which the actor did not. intend to produce and which he cannot be charged with the design of producing, is produced by accidental means. 4 Cooley’s Law Briefs, pp. 3156-7; Joyce on Ins., sec.,…
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Appeal from St. Louis City Circuit Court. — Eon. Virgil Rule, Judge. (1) An effect which is not the natural or probable consequence of the means which produced it, an effect which does not ordinarily follow and cannot be reasonably anticipated from the use of such means, an effect which the actor did not. intend to produce and which he cannot be charged with the design of producing, is produced by accidental means. 4 Cooley’s Law Briefs, pp. 3156-7; Joyce on Ins., sec., 2863, p. 2807; Young v. Ry. Mail Ass’n., 126 Mo. App. 325; Ripley v. Ry. Pass. Assurance Ass’n., 20 Fed. Cas. 23; Phoenix…
1Opinion of the CourtCaulfield, J.
(after stating the facts).- — I. In an attempt to sustain the action of the trial court the defendant asserts that Beile did not die by “accident” within the meaning of the contract, irrespective of the special exceptions of the contract. In doing so defendant relies upon cases supporting the doctrine that an injury resulting from an intentional and voluntary act, done in the usual and ordinary manner, and in the doing of which nothing unforeseen, unexpected or unusual occurs, cannot be said to have been effected by accident, although the injury itself was unusual and unexpected. It may be…
2Cases cited7 opinions
- Fetter v. Fidelity & Casualty Co.Supreme Court of Missouri · 1903
- Dezell v. Fidelity & Casualty Co.Supreme Court of Missouri · 1903
- Horsfall v. Pacific Mutual Life InsuranceWashington Supreme Court · 1903
- Driskell v. United States Health & Accident InsuranceMissouri Court of Appeals · 1906
- MacDonald v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
2 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Caldwell v. Travelers Insurance Co.Supreme Court of Missouri · 1924
- Fidelity & Casualty Co. v. MeyerSupreme Court of Arkansas · 1912
- Rock v. Travelers' Insurance Co.California Supreme Court · 1916
- Hall v. General Accident Assurance Corp.Court of Appeals of Georgia · 1915
- International Travelers' Ass'n v. YatesTexas Commission of Appeals · 1930
30 more not listed; retrieve them via the Exa API.