Kelley v. Pittsburgh Casualty Co.

Insurance — Accident insurance — Accidents — Previous illness— Injuries — Cause—Case for jury. 1. Where, in an action on an accident insurance policy insuring “against loss or disability resulting directly, independently and exclusively of all other causes, from bodily injuries effected solely through accidental means,” it appeared that plaintiff had twisted his body while endeavoring to avoid a fall on icy ground, thereby straining or tearing his intestines at a point where they adhered to the wall of the abdominal cavity so that an operation was rendered necessary, it was for the jury to determine whether plaintiff’s disability was caused by the accident where there was medical testimony that but for the accident plaintiff would not have been inconvenienced by the adhesions, and a verdict and judgment for plaintiff were sustained. 2. If the devise be but a condition and the accident the moving, sole and proximate cause of the injury, the insurance company will be liable.

Appeal, No. 85, Oct. T., 1916, by The Pittsburgh Casualty Company, from judgment of C. P. Washington Co., May T., 1914, No. 190, on verdict for plaintiff, in case of Eugene A. Kelley v. The Pittsburgh Casualty Company, a Corporation, James B. Haines, Jr., Thomas P. Jones and Lewis C. Sands, Trustees. Assumpsit on a policy of accident insurance. Verdict for plaintiff for $3,650 and judgment thereon. The Pittsburgh Casualty Company appealed. Errors assigned were instructions to the jury, the refusal of the court to direct a verdict for defendant and to enter judgment for defendant n. o. v.