Young v. Railway Mail Ass'n
Missouri Court of Appeals
Appeal from Lawrence Circuit Court.— Hon. F. O. Johnson, Judge. . (1) An injury resulting from an intentional and voluntary act, done in the usual and ordinary manner, and in the doing of which nothing unforseen, unexpected or unusual occurs, such injury cannot he said to have been effected through external, violent and accidental means, although the injury itself was unusual and unexpected.
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Appeal from Lawrence Circuit Court.— Hon. F. O. Johnson, Judge. . (1) An injury resulting from an intentional and voluntary act, done in the usual and ordinary manner, and in the doing of which nothing unforseen, unexpected or unusual occurs, such injury cannot he said to have been effected through external, violent and accidental means, although the injury itself was unusual and unexpected. Fedar v. Assn., 107 Iowa 538, 78 N. W. 252, 43 L. E. A. 693; McCarthy v. Insurance Co., 8 Biss. (U. S.) 362; Niskern v. Brotherhood of Carpenters of America., 87 N. Y. Supp. 640; Cobb v. Accident Assn.,…
1Opinion of the CourtBland, P. J.
On May 9, 1902, the National Association of railway postal clerks, a corporation, doing an accident insurance business in this State, issued its benefit certificate or policy of insurance to plaintiff, agreeing, among other things, to pay him the sum of fifteen dollars per week, not to exceed fifty-two consecutive weeks, for loss of time resulting from bodily injuries caused or produced “through external, violent accidental means, which shall wholly and continuously disable him from following the occupation of a railway postal clerk,” in which occupation plaintiff was at the time engaged.…
2Cases cited29 opinions
- United States Mutual Accident Ass'n v. BarrySupreme Court of the United States · 1889
- Western Commercial Travelers' Ass'n v. SmithCourt of Appeals for the Eighth Circuit · 1898
- Lovelace v. Travelers' Protective Ass'nSupreme Court of Missouri · 1894
- Omberg v. United States Mutual Accident Ass'nCourt of Appeals of Kentucky · 1897
- Atlanta Accident Ass'n v. AlexanderSupreme Court of Georgia · 1898
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3Cited by33 opinions
- Caldwell v. Travelers Insurance Co.Supreme Court of Missouri · 1924
- Rock v. Travelers' Insurance Co.California Supreme Court · 1916
- Richards v. Standard Acc. Ins. Co.Utah Supreme Court · 1921
- Lickleider v. Iowa State Traveling Men's Ass'nSupreme Court of Iowa · 1918
- Francis v. International Travelers' Ass'nCourt of Appeals of Texas · 1924
28 more not listed; retrieve them via the Exa API.