Legal Opinion · Dissent

Griswold v. Metropolitan Life Insurance

Supreme Court of Vermont

Decided July 15, 1935Published

1DissentPowers, C. J.

The law of this case as laid down in the majority opinion is tersely stated therein as follows: “It was an accident, and hence the injury was caused by accidental means.” To reach this conclusion is to ignore the plain terms of the contract involved, eliminate all distinction between “accident” and “accidental means,” confuse cause and effect, and allow the latter to control and give character to the former. To such a result, I cannot agree; and my views are so deep-seated that I feel constrained to give expression to them.

I shall first give attention to cases relied upon by the majority. Of…

2Cases cited38 opinions

  1. United States Mutual Accident Ass'n v. BarrySupreme Court of the United States · 1889
  2. Landress v. Phoenix Mutual Life InsuranceSupreme Court of the United States · 1934
  3. Western Commercial Travelers' Ass'n v. SmithCourt of Appeals for the Eighth Circuit · 1898
  4. Caldwell v. Travelers Insurance Co.Supreme Court of Missouri · 1924
  5. Rock v. Travelers' Insurance Co.California Supreme Court · 1916

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