Allendorf v. Fid. & Cas. Co. of New York
| Decision Date | 31 December 1928 |
| Citation | 250 N.Y. 529,166 N.E. 311 |
| Court | New York Court of Appeals Court of Appeals |
| Parties | Susie J. ALLENDORF, Appellant, v. FIDELITY & CASUALTY COMPANY OF NEW YORK, Respondent. |
OPINION TEXT STARTS HERE
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the Fourth Judicial Department (223 App. Div. 809, 227 N. Y. S. 765), entered March 28, 1928, unanimously affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The action was to recover upon a progressive, indemnity, disability policy issued by the defendant to the husband of plaintiff insuring him against bodily injury resulting in death. The complaint alleged that the insured wrenched and strained himself in lifting and moving ash cans, thereby sustaining a dilation of the heart resulting in his death.Stewart F. Hancock and Henry S. Fraser, both of Syracuse, for appellant.
Joseph B. Murphy and John Carroll Young, both of Syracuse, for respondent.
Judgment affirmed, with costs, on the ground that the accident, if any, was not the exclusive cause of the injury.
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