NEW YORK LIFE INS. CO. v. SCHLATTER

No. 13999.

203 F.2d 184 (1953)

NEW YORK LIFE INS. CO. v. SCHLATTER et al.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 6, 1953.


Attorney(s) appearing for the Case

Roy D. Campbell, Jr., H. P. Farish and W. C. Keady, Greenville, Miss. (Farish, Keady & Campbell, Greenville, Miss., of counsel), for appellant.

Charles S. Tindall, Jr., Greenville, Miss., Alfred A. Levingston, Cleveland, Miss., Wynn, Hafter, Lake & Tindall, Greenville, Miss., Levingston & Bizzell, Cleveland, Miss., for appellees.

Before HUTCHESON, Chief judge, and HOLMES and RIVES, Circuit Judges.


RIVES, Circuit Judge.

The dominant question on this appeal is whether there is any substantial evidence to justify the jury in concluding that the insured's death resulted directly and independently of all other causes from bodily injury effected solely by accidental means and did not result directly or indirectly from disease.

Appellees were beneficiaries in a life insurance policy which appellant issued to their mother, Emma W. Schlatter, on July 2, 1929...

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