O'Connor v. Columbian National Life Insurance
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis.— Hon. Karl Kimmel, Judge. (1) A lay witness will not he permitted to attempt a diagnosis of disease. Atkinson v. American. School of Osteopathy, 199 Mo. App. 251, 270. (2) It is not competent to call upon witnesses to determine that which it is for the jury to decide. Spaulding v. City of Edina, 122 Mo. App. 65, 69; Merkel v. Ry.
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Appeal from the Circuit Court of the City of St. Louis.— Hon. Karl Kimmel, Judge. (1) A lay witness will not he permitted to attempt a diagnosis of disease. Atkinson v. American. School of Osteopathy, 199 Mo. App. 251, 270. (2) It is not competent to call upon witnesses to determine that which it is for the jury to decide. Spaulding v. City of Edina, 122 Mo. App. 65, 69; Merkel v. Ry. Mail Assn., 226 S. W. 301; Deiner v. Sntermeister, 266 Mo. 505; State v. Hyde, 234 Mo. 200; Glasgow v. Railway, 191 Mo. 347; Baehr v. Union Casualty & Surety Co., 133 Mo. App. '544. (3) Inferences drawn by…
1Opinion of the Court
This is a suit to recover on an accident insurance policy. Plaintiff recovered and defendant appeals.
The petition is in the usual form. The answer, after a general denial, alleges that deceased came to his death as a result of disease, namely uræmia secondary to acute nephritis.
The deceased, Charles F. O'Connor, died August 28, 1916, and was twenty-three years of age. A sister was named as beneficiary in the policy, which was afterwards assigned to deceased's mother, Ellen O'Connor. Charles F. O'Connor was single, and lived with his parents in St. Louis. His general health had been good up to…
2Cases cited12 opinions
- Paul v. . Travelers' Ins. Co.New York Court of Appeals · 1889
- Freeman v. Mercantile Mutual Accident Ass'nMassachusetts Supreme Judicial Court · 1892
- Dezell v. Fidelity & Casualty Co.Supreme Court of Missouri · 1903
- Travelers' Insurance v. DunlapIllinois Supreme Court · 1896
- Beile v. Travelers Protective Ass'n of AmericaMissouri Court of Appeals · 1911
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3Cited by3 opinions
- State Ex Rel. Prudential Insurance Co. of America v. ShainSupreme Court of Missouri · 1939
- McKeon v. National Casualty Co.Missouri Court of Appeals · 1925
- Aubuchon v. Metropolitan Life Ins.Court of Appeals for the Eighth Circuit · 1944