Gotfredson v. German Commercial Accident Co.
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Eastern District of Michigan; Alexis C. Angelí, Judge! Action by Benjamin Gotfredson, as administrator of the estate of Carrie B. Reading, against the German Commercial Accident Company. Judgment for plaintiff for less than the relief demanded, and he brings error. This was an action to recover 85,000 upon a policy of accident insurance.
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In Error to the District Court of the United States for the Eastern District of Michigan; Alexis C. Angelí, Judge! Action by Benjamin Gotfredson, as administrator of the estate of Carrie B. Reading, against the German Commercial Accident Company. Judgment for plaintiff for less than the relief demanded, and he brings error. This was an action to recover 85,000 upon a policy of accident insurance. The policy was to continue for one year from February 7, 1907, and was issued by the Commercial Mutual Accident Company of Philadelphia in the name of Harvey ,T. Reading and for the benefit of Carrie…
1Opinion of the CourtWarrington, Circuit Judge
(after stating the facts as above). The controlling feature of the case is whether the limitation placed *584upon the amount of recovery involved merely a question of law for the court or also a question of fact for the jury. It was shown without objection and by undisputed testimony that defendant had grouped its risks into five classes, and fixed premiums and losses according to the risks attending the occupations of the persons insured. Reading’s occupation belonged to the first class and bore an annual premium of $25 and an indemnity of $5,000, while the occupation of an elevator conductor…
2Cases cited16 opinions
- Travellers' Insurance v. McConkeySupreme Court of the United States · 1888
- Manufacturers' Accident Indemnity Co. v. DorganCourt of Appeals for the Sixth Circuit · 1893
- Accident Insurance v. CrandalSupreme Court of the United States · 1887
- Everson v. General Accident, Fire & Life Assurance Corp.Massachusetts Supreme Judicial Court · 1909
- Travelers' Ins. Co. of Hartford v. RandolphCourt of Appeals for the Sixth Circuit · 1897
11 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Ogilvie v. Aetna Life Insurance Co.California Supreme Court · 1922
- Schwartz v. Northern Life Ins. Co.Court of Appeals for the Ninth Circuit · 1928
- Interstate Business Men's Acc. Ass'n of Des Moines v. LesterCourt of Appeals for the Eighth Circuit · 1919
- Ocean Accident & Guaranty Corporation v. RubinCourt of Appeals for the Ninth Circuit · 1934
- Zantow v. Old Line Accident InsuranceNebraska Supreme Court · 1920
15 more not listed; retrieve them via the Exa API.