Fishblate v. Fidelity Co.
Supreme Court of North Carolina
ActioN by S. II. Eishblate against Fidelity and Casualty Co., heard by Judge, W. B. Allen and a jury, at the October Term, 1905, of the Superior Court of New HaNovee.
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ActioN by S. II. Eishblate against Fidelity and Casualty Co., heard by Judge, W. B. Allen and a jury, at the October Term, 1905, of the Superior Court of New HaNovee. The plaintiff, holding an accident policy in the defendant company, which in terms covers the injury, files his complaint alleging the loss of an eye by accidental injury received when crossing the streets in the city of Wilmington, on or about February 12, 1904, and offered evidence tending to show that the injury so received resulted in inflammation of the eye, which necessitated its removal by surgical operation; that notice…
1Opinion of the Court
Hoke, J.,
after stating the ease: The issues submitted and answered by the jury are determinative of the controversy in the plaintiff’s favor, and we find no error which requires that a new trial should be awarded. In response to the first issue, the jury have answered that the plaintiff’s eye was destroyed by external, violent and accidental means, directly and independently of all other causes. The verdict on the second issue established a warranty in the contract of insurance that the plaintiff was sound mentally and physically when the same was made, and, on the third issue, that this…
2Cases cited9 opinions
- Fetter v. Fidelity & Casualty Co.Supreme Court of Missouri · 1903
- Sternaman v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1902
- Kausal v. Minnesota Farmers' Mutual Fire InsuranceSupreme Court of Minnesota · 1883
- Grabbs v. Farmers' Mutual Fire InsuranceSupreme Court of North Carolina · 1899
- Deitz v. Insurance Co.West Virginia Supreme Court · 1888
4 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Stanford v. . Grocery Co.Supreme Court of North Carolina · 1906
- Mutual Life Ins. v. DibrellTennessee Supreme Court · 1916
- White Sewing MacHine Co. v. BullockSupreme Court of North Carolina · 1912
- Bryant v. Metropolitan Life InsuranceSupreme Court of North Carolina · 1908
- National Life Insurance v. GradySupreme Court of North Carolina · 1923
34 more not listed; retrieve them via the Exa API.