Yacko v. John Hancock Mutual Life Insurance

Appellate Division of the Supreme Court of New York

Yacko v. John Hancock Mutual Life Insurance

263 A.D. 767, 30 N.Y.S.2d 911, 1941 N.Y. App. Div. LEXIS 4861

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

DecidedNovember 12, 1941

StatusPublished

This text of 263 A.D. 767 (Yacko v. John Hancock Mutual Life Insurance) 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

Yacko v. John Hancock Mutual Life Insurance, 263 A.D. 767, 30 N.Y.S.2d 911, 1941 N.Y. App. Div. LEXIS 4861 (N.Y. Ct. App. 1941).

Pincite

Opinion

Appeal from a judgment, rendered in favor of the plaintiff after a trial by jury, and from the order denying a motion for a new trial. The action was brought to recover an accidental death benefit provided for in a life insurance policy. The assured, plaintiff’s husband, was struck by a railroad locomotive on a grade crossing in Johnson City, N. Y., and died from injuries sustained thereby. It is defendant’s contention that the assured committed suicide by throwing himself against or in front of the locomotive. From the facts and circumstances developed on the trial the jury was clearly justified in drawing a contrary inference, and in finding that his death was accidental. Judgment and order appealed from unanimously affirmed, with costs. Present — Hill, P. J., Bliss, Heffeman, Sehenck and Foster, JJ.

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Appeal from a judgment, rendered in favor of the plaintiff after a trial by jury, and from the order denying a motion for a new trial. The action was brought to recover an accidental death benefit provided for in a life insurance policy. The assured, plaintiff’s husband, was struck by a railroad locomotive on a grade crossing in Johnson City, N. Y., and died from injuries sustained thereby. It is defendant’s contention that the assured committed suicide by throwing himself against or in front of the locomotive. From the facts and circumstances developed on the trial the jury was clearly justified in drawing a contrary inference, and in finding that his death was accidental. Judgment and order appealed from unanimously affirmed, with costs. Present — Hill, P. J., Bliss, Heffeman, Sehenck and Foster, JJ.

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Bluebook (online)

263 A.D. 767, 30 N.Y.S.2d 911, 1941 N.Y. App. Div. LEXIS 4861, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yacko-v-john-hancock-mutual-life-insurance-nyappdiv-1941.