GRAVES v. TRAVELERS INS. CO.

Nos. 187-189.

66 Wis.2d 124 (1974)

224 N.W.2d 398

GRAVES, Respondent, v. TRAVELERS INSURANCE COMPANY, Appellant. GRAVES, Respondent, v. PAN-WESTERN LIFE INSURANCE COMPANY, Appellant. GRAVES, Respondent, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA, Appellant.

Supreme Court of Wisconsin.

Decided December 20, 1974.


Attorney(s) appearing for the Case

There was a joint brief for the appellant The Travelers Insurance Company by Campbell, Brennan, Steil & Ryan, S. C., attorneys, and Tod O. Daniel, of counsel, all of Janesville; for the appellant Pan-Western Life Insurance Company by Wickhem, Consigny, Sector, Andrews & Hemming and Gilbert D. Sedor, all of Janesville; and for the appellant The Prudential Insurance Company of America by Stafford, Rosenbaum, Rieser & Hansen and John Koeppl, all of Madison, and oral argument by Mr. Koeppl.

For the respondent there was a brief by Noll, Donovan, Bolgrien & Ruth and Robert J. Ruth, all of Beloit, and oral argument by Robert J. Ruth.


BEILFUSS, J.

Four issues are raised by the defendants:

1. Did the trial court err in instructing the jury that an accident is the sole cause of death if the accidental means would have solely caused some considerable injury had the disease or bodily condition not existed?

2. Was there credible evidence to sustain a jury finding that neither a disease nor a bodily infirmity, directly or indirectly, caused or contributed to cause the death of Andre Graves...

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