48 A.2d 141 (Pa.Super. 1946), Zuliskey v. Prudential Insurance Co.

Citation:48 A.2d 141, 159 Pa.Super. 363
Opinion Judge:ARNOLD J.
Party Name:Zuliskey v. Prudential Insurance Company, Appellant
Attorney:John L. Miller, with him John H. Scott, Duff, Scott & Smith, Carroll Caruthers, and Thomas G. Taylor, for appellant. Henry E. Shaw, with him Scales, Loughran & Shaw, for appellee.
Judge Panel:Baldrige, P. J., Rhodes, Hirt, Reno, Dithrich, Ross and Arnold, JJ.
Case Date:July 19, 1946
Court:Superior Court of Pennsylvania
 
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48 A.2d 141 (Pa.Super. 1946)

159 Pa.Super. 363

Zuliskey

v.

Prudential Insurance Company, Appellant

Superior Court of Pennsylvania

July 19, 1946

Argued April 15, 1946.

Appeal, No. 62, April T., 1946, from judgment of C. P., Westmoreland Co., Nov. T., 1944, No. 137, in case of Ann Zuliskey, alias dictus Anna Zulisky v. The Prudential Insurance Company of America.

Assumpsit. Before McWherter, J.

Verdict for plaintiff and judgment entered thereon. Defendant appealed.

John L. Miller, with him John H. Scott, Duff, Scott & Smith, Carroll Caruthers, and Thomas G. Taylor, for appellant.

Henry E. Shaw, with him Scales, Loughran & Shaw, for appellee.

Baldrige, P. J., Rhodes, Hirt, Reno, Dithrich, Ross and Arnold, JJ.

OPINION

ARNOLD J.

[159 Pa.Super. 364] Defendant appeals from the refusal of the court below to enter judgment n. o. v. upon a verdict for the plaintiff, in this action of assumpsit brought on two insurance policies to recover for the alleged accidental death of Rose Zuliskey, the insured. The amounts sought were payable if "the death . . . occurred as a result, directly and independently of all other causes, of bodily injuries effected solely through external, violent and accidental means. . . ."

The only testimony of the accident was that of one Hall. Rose Zuliskey and Hall had known each other for some ten months. Both worked for the Pennsylvania Railroad Company at Greensburg. Upon the afternoon of May 10, 1944, they decided not to work, and they drove around in his car, a two-door coupe, the doors being hinged at the rear. A door could be opened by pressing down the handle. A part of the evening was spent at the home of Hall's father some nine miles east of Blairsville. At about midnight they started toward Blairsville with Hall driving. They stopped at a gasoline station and then proceeded about 300 feet, travelling about twenty-five miles per hour, when, as Hall testified for the plaintiff: "She said she was going to get out. . . ." . . . "She said something about getting out or jumping out." . . . "She had made the same statement

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before in front of other people [that] she would jump out of my [159 Pa.Super. 365] car and I never thought anything of it." . . . "She said [just before the accident] she was getting out; she [so] did before anything I could do was too late. I never...

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