Hylaman v. Midland Insurance

161 N.W. 385, 136 Minn. 132, 1917 Minn. LEXIS 519
CourtSupreme Court of Minnesota
DecidedFebruary 16, 1917
DocketNos. 20,151—(262)
StatusPublished
Cited by3 cases

This text of 161 N.W. 385 (Hylaman v. Midland Insurance) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hylaman v. Midland Insurance, 161 N.W. 385, 136 Minn. 132, 1917 Minn. LEXIS 519 (Mich. 1917).

Opinion

Holt, J.

Plaintiff, the beneficiary in an accident insurance policy, recovered for the death of the insured. Defendant appeals from the order denying its blended motion for judgment notwithstanding the verdict or a new trial.

The first contention is that the evidence does not sustain the verdict, and that no evidence can be produced which would support a recovery such as plaintiff demanded and received. For an annual premium of ten dollars, the company, whose contracts of insurance defendant has now assumed, agreed to pay plaintiff $5,500, in case her son, Roy W. Hylaman, met accidental death while riding upon a bicycle propelled by gasolene and not being used for any business purpose, and in consequence of a collision with any conveyance except another motorcycle. To warrant a recovery plaintiff must therefore prove that the death of [134]*134the assured resulted in consequence of a collision with another conveyance not a motorcycle while he himself was riding a bicycle propelled by gasolene and not for business purposes. The evidence leaves no room for dispute as to these facts:

Roy W. Hylaman lived at Sauk Center several blocks north of Sauk river and worked as a clerk in a store a few blocks south of the river.

A steel bridge spans the stream. On his motorcycle he started for dinner shortly after 12 o’clock on the day in question. As he approached the bridge a team hauling a load of lumber, going north, was just about entering thereon. The teamster saw Roy coming up behind, and turned the team to the right to give him plenty of room to pass. Roy turned to the left, and in passing the loaded wagon the motorcycle was observed to be not controlled by him, the wheels struck a cement stone close to the foot walk on the left of the roadway and the machine wobbled on until it passed the team some 30 or 40 feet when Roy was seen to fall off, striking on his left side or shoulder. He was picked up unconscious, and died within 40 hours thereafter without having regained consciousness.

The only external wounds were slight contusions on his left arm and shoulder, a scratch on the left side of the face, and a cut over his left eye extending over the bridge of the nose crushing it.

The medical testimony showed that death resulted from a fracture at the base of the skull. There were but two eye witnesses to the accident, Mr. Deyoe, the driver of the team, called by defendant, and Mr. Holman, called by plaintiff, who was some 75 feet away, west of the road and slightly to the south of the bridge. It is readily seen that the vital fact for plaintiff to prove was that Roy actually collided with the conveyance driven by Deyoe and by reason thereof death resulted.

The contention of defendant, urged with great force and earnestness, is that the evidence did not permit the jury to arrive at the conclusion that there was a collision with the conveyance mentioned. Neither of the two witnesses saw Roy come in contact with any object which might have caused the wound which crushed the bridge of the nose or made the cut over the left eye, unless this occurred when he fell from the motorcycle. Both are clear that his body did not strike against any part of the bridge railing or stanchions. Mr. Deyoe states that he did not come [135]*135within 5 or 6 feet of the wagon. As stated, the wagon was loaded with siding which projected some 4 feet beyond the tail-board.

The theory of plaintiff is that, as Deyoe turned to the right to give Eoy more room to pass on the left, the rear of the load swung to the left at the very moment Eoy attempted to pass it, so that he collided with •the projecting lumber thus causing the wounds on his nose and forehead and fracturing the base of the skull; that the blow so received rendered him incapable of controlling the motorcycle, so that it hit the cement stone on the side; and that the rigidity of the muscles alone, set by the fatal wound, kept him on the machine for the short distance it wobbled on after the injury. The evidence supporting this theory is this: Mr. Holman testified that just as the rear end of the load swung out toward the west he saw Eoy about to pass it, but then the trunks of two trees came between the line of vision of the witness and Eoy so that for from 2 to 4 feet he could not see the latter. As soon as he again saw him, and before the motorcycle struck the cement stone, it seemed not to be controlled by the rider but wobbled on until the latter fell off. The evidence also established that the wounds over the eye and nose were cuts that could not have resulted from the fall from the machine, for they were free from dust or dirt, and this could not well have been so if they had been inflicted by contact with the dusty bridge floor; moreover, the fall was not violent, for the machine was then well slowed down, and the expert testimony indicated that the fracture at the base of the skull could not have been produced by such a falling from the machine as Eoy had, according to the eye witnesses.

We therefore think that, notwithstanding Deyoe’s testimony, the jury could rightfully conclude from the evidence that the blow, which caused the fracture at the base of the skull, was received by his forehead, at the place of the cuts, coming in contact with the projecting lumber on the conveyance he was attempting to pass, and that the evidence excludes every other cause to which the fatal accident might be ascribed. The verdict, approved as it is by the trial court, must therefore stand, unless other errors assigned call for a new trial.

The doctor, who reached the deceased within 5 minutes of the accident and who thereafter attended him, was called as a. witness and testified, without objection, that the object causing the wound or cut on [136]*136the forehead and bridge of the nose, by the severity of the contact, also produced the fracture at the base of the skull. Then he was asked whether a man, receiving a blow on the head of sufficient violence to cause the wound and fracture he found in this case, while riding on a motorcycle, could still retain sufficient vitality or muscular activity to remain on the vehicle, or would it necessarily knock him off then and there.

The objection was made that the answer called for did not come within the proper field of expert testimony of a doctor. Thereupon plaintiff’s attorney attempted to state the scope and purpose of the inquiry and was met with the further objection that no foundation was laid. Counsel for plaintiff then stated: “There is no direct evidence that he in fact hit it (the lumber on the wagon), but I am asking this hypothetical question based on the reasonable inference that can be derived.

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263 N.W. 917 (Supreme Court of Minnesota, 1935)
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160 S.E. 74 (Supreme Court of Virginia, 1931)

Cite This Page — Counsel Stack

Bluebook (online)
161 N.W. 385, 136 Minn. 132, 1917 Minn. LEXIS 519, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hylaman-v-midland-insurance-minn-1917.