Whitehead v. Railway Mail Ass'n
This text of 269 F. 25 (Whitehead v. Railway Mail Ass'n) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This was an action on a benefit certificate to recover the amount payable in the event of the death of the insured resulting from bodily injury through external, violent, and accidental means. The averments of the declaration to the effect that the death of the insured was caused by such means were put in issue. The evidence without dispute showed that the insured’s death resulted, not from accidental means, hut from his voluntary act in getting off a moving railroad train to a place underneath a bridge over a creek, the car he was in being, at the time he so left it, on that bridge. The court did not err in instructing the jury to find for the defendant.
Affirmed.
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Cite This Page — Counsel Stack
269 F. 25, 1920 U.S. App. LEXIS 1804, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whitehead-v-railway-mail-assn-ca5-1920.