Northrup v. . the Railway Passenger As. Co.
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the seventh judicial district in favor of the defendant, upon a case submitted under the Code.
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Appeal from a judgment of the late General Term of the Supreme Court in the seventh judicial district in favor of the defendant, upon a case submitted under the Code. The action was brought by the plaintiff as representative of Lueilla DTorthrup, deceased, to recover $5,000, the amount of an insurance against accident issued to Mrs. Morthrup by the defendant on the 30th of December, 1868. By the terms of the policy the defendant agreed to pay the assured, or her legal representatives, the sum of $5,000, “ in the event of her death from personal injury ensuing within three months from the…
1Opinion of the CourtGrover, J.
It must be conceded that the injury received by the plaintiff’s intestate does not come within the strict literal words of the contract of assurance. By that contract the respondent agreed to pay the legal representatives of the intestate, in the event of her death from personal injury ensuing in three months from the happening thereof, when caused by any accident while traveling by public or private conveyances, provided for the transportation of travelers, etc. The intestate was not actually traveling upon any public or private conveyance provided for the transportation of passengers at the…
2Cited by21 opinions
- Weil v. Globe Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Wilmarth v. Pacific Mut. Life Ins. Co.California Supreme Court · 1914
- Depue v. Travelers' Ins.U.S. Circuit Court for the District of Eastern Pennsylvania · 1909
- National Life Insurance Co. of United States v. FlemingCourt of Appeals of Maryland · 1915
- King v. Travelers InsuranceSupreme Court of Georgia · 1897
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