Cobb v. Preferred Mut. Acc. Ass'n

Decision Date05 August 1895
PartiesCOBB v. PREFERRED MUT. ACC. ASS'N OF NEW YORK et al. v. COBB.
CourtGeorgia Supreme Court

Syllabus by the Court.

1. Where an accident insurance policy insured the person to whom it was issued "against bodily injuries effected through external, violent, and accidental means," and on the trial of an action thereon, predicated upon the loss of an eye, it appeared from the evidence that the plaintiff, while in an emaciated and feeble condition after safely alighting from a train, carried his baggage, weighing from 60 to 80 pounds, a distance of about 50 yards, and "injured himself in some way or other" in so doing, so that, soon after putting the baggage down, a defect in the vision of one of his eyes became apparent, which finally resulted in a total loss of sight as to that eye, and it also appeared that the plaintiff had not fallen or received a blow or jar or shock of any kind, and that there was nothing unusual in his manner of carrying the baggage or in his locomotion while so doing, no case for a recovery was made. Even if the plaintiff's injury was attributable to the carrying of the baggage, it was not effected by "external," "violent," or "accidental" means, in the sense in which these words are used in the policy.

2. Without regard to other questions made in the record, the judgment of nonsuit was, for the reasons above indicated rightly rendered.

Error from city court of Columbus; J. L. Willis, Judge.

Action by W. A. Cobb against the Preferred Mutual Accident Association of New York and others. To a judgment of nonsuit both parties bring error. Affirmed.

One who, while in an emaciated condition, after safely alighting from a train, carried baggage weighing 60 pounds for 50 yards, and in doing so injured himself in an unexplained manner, so that, on putting the baggage down, a defect in his vision became noticeable, which resulted in loss of sight could not recover for the injury on a policy insuring against "bodily injuries effected through external, violent, and accidental means."

The following is the official report:

The petition of Cobb alleged: The Preferred Mutual Accident Association is indebted to him $650, besides interest damages, and attorney's fees, upon a policy of insurance copy of which is attached, issued to him May 18, 1888, whereby it undertook to insure him in drivers sums in the policy mentioned, during a time covering and including May 11, 1891, against bodily injuries effected through external, violent, and accidental means, and particularly in the sum of $650 against loss, by external, violent, and accidental means, of an eye. On May 11, 1891, without fault on his part, without extra exertion or unusual risk, and in the performance of his usual and customary duties as a traveling salesman, carrying trunks and packages, he undertook, from necessity incident to his duties, to move and place said trunks and packages from off and near the track of the Arlington Branch Railroad, in Dougherty county; and, from his effort, to do so, the retina of his right eye was by accident raptured and injured, from the effect of which the vision thereof was within 90 days from said date totally lost and destroyed. Immediately thereafter, as soon as said accident and loss was ascertained, defendant was furnished with full written notice and proof of said accident and injury, and with full particulars of the same; and thereafter, at a time when he had a right to demand payment of it for said loss, he did demand payment of it for the same, which it then refused to pay, and has ever since, and for more than 60 days, failed and refused to pay him said sum of $650; so that he sues not only for said sum and interest, but also for damages and attorney's fees. Among the conditions of the policy was the following: "Immediate notice of any accidental injury for which claim might be made must be given in writing, addressed to the secretary of the association at New York, with full particulars of the accident and injury, and failure to give such immediate written notice shall invalidate all claims under this insurance; and unless affirmative and positive proof of injury and duration of disability, and that the same resulted from bodily injuries covered by this insurance, shall be furnished to the association within six months of the happening...

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1 cases
  • Cobb v. Preferred Mut. Acc. Ass'n Of N.Y.
    • United States
    • Supreme Court of Georgia
    • August 5, 1895
    ...22 S.E. 97696 Ga. 818COBB.v.PREFERRED MUT. ACC. ASS'N OF NEW YORK et al.PREFERRED MUT. ACC. ASS'N OF NEW YORK et al.v.COBB.Supreme Court of Georgia.Aug. 5, 1895.Accident Insurance—Cause of Injury. 1. Where an accident insurance policy insured the person to whom it was issued "against bodily......

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