Jahn v. Commercial Travelers Mutual Accident Ass'n of America

Appellate Division of the Supreme Court of New York

Jahn v. Commercial Travelers Mutual Accident Ass'n of America

259 A.D. 722, 18 N.Y.S.2d 72, 1940 N.Y. App. Div. LEXIS 6411

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 4, 1940

StatusPublished

This text of 259 A.D. 722 (Jahn v. Commercial Travelers Mutual Accident Ass'n of America) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jahn v. Commercial Travelers Mutual Accident Ass'n of America, 259 A.D. 722, 18 N.Y.S.2d 72, 1940 N.Y. App. Div. LEXIS 6411 (N.Y. Ct. App. 1940).

Pincite

Opinion

Action to recover the amount of a policy of accident insurance in which plaintiff was named as beneficiary. After a trial before the court and a jury, a verdict was rendered in favor of plaintiff for the full amount of the policy. From the judgment thereon entered defendant appeals. Judgment reversed on the facts and a new trial granted, with costs to the appellant to abide the event. The sole question litigated was whether the death of the insured as the result of inhaling carbon monoxide gas was accidental or suicidal. Implicit in the jury’s verdict is a finding that such death was the result of accident. In our opinion the verdict is against the weight of evidence. Hagarty, Adel and Taylor, JJ., concur; Lazansky, P. J., and Carswell, J., dissent and vote to affirm the judgment.

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Action to recover the amount of a policy of accident insurance in which plaintiff was named as beneficiary. After a trial before the court and a jury, a verdict was rendered in favor of plaintiff for the full amount of the policy. From the judgment thereon entered defendant appeals. Judgment reversed on the facts and a new trial granted, with costs to the appellant to abide the event. The sole question litigated was whether the death of the insured as the result of inhaling carbon monoxide gas was accidental or suicidal. Implicit in the jury’s verdict is a finding that such death was the result of accident. In our opinion the verdict is against the weight of evidence. Hagarty, Adel and Taylor, JJ., concur; Lazansky, P. J., and Carswell, J., dissent and vote to affirm the judgment.

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Bluebook (online)

259 A.D. 722, 18 N.Y.S.2d 72, 1940 N.Y. App. Div. LEXIS 6411, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jahn-v-commercial-travelers-mutual-accident-assn-of-america-nyappdiv-1940.