Page v. Commercial Travelers' Eastern Acc. Ass'n
| Decision Date | 06 December 1916 |
| Parties | PAGE v. COMMERCIAL TRAVELERS' EASTERN ACC. ASS'N. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
OPINION TEXT STARTS HERE
Exceptions from Superior Court, Suffolk County; Lloyd E. White, Judge.
Action by Elizabeth M. Page against the Commercial Travelers' Eastern Accident Association. There was a verdict for plaintiff, and defendant excepts. Exceptions sustained, and judgment entered for defendant, under St. 1909, c. 236.
R. G. Dodge, A. L. Woodman, and Raymond S. Wilkins, all of Boston, for plaintiff.
Eaton & McKnight, of Boston (John A. Daly, of Boston, of counsel), for defendant.
September 28, 1912, Joseph Harry Page, a man of about 55 years, became a member of the defendant associationand received a policy. The plaintiff was the wife of the insured and was named in the policy as the beneficiary in case of death. The association covenanted and agreed ‘that within sixty days from the receipt by the board of directors of the said association of proof satisfactory to said board of the death of the said member, and that his death has been caused wholly and entirely by external, violent and accidental means, * * * which shall leave upon the body of said member an external and visible mark, the said association * * * will pay to wife of the said Joseph Harry Page * * * the sum of five thousand dollars.’
October 22, 1912, about noon, the insured was walking up State street, in Boston, toward Washington street, on the right hand side. As he came to the corner of State street and Merchants' Row he stumbled and fell. He died within a few minutes apparently without recovering consciousness. November 5 and 6, 1912, the beneficiary filed with the board of directors her own affidavit, ‘that the death of the said member was caused wholly and entirely by external, violent and accidental means, to wit, by a fall to the sidewalk, caused by tripping thereon; * * *’ the affidavit of a witness to the accident, ‘I saw Mr. Page as he turned from State street towards Merchants' Row and tripped on an irregularity on the sidewalk and was thrown, striking on his head;’ the affidavit of a person who knew the deceased, ‘that I saw the body of the deceased after death, to wit, on the twenty-second day of October, 1912, and I knew it to be the body of the said Joseph H. Page whom I knew and who died as aforesaid;’ the affidavit of the undertaker, who stated in answer to the question, ‘What was the cause of death?’ copied from medical examiner's death certificate, ‘Coronary sclerosis, chr. arterio-sclerosis;’ and the death certificate, recorded October...
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