Jones v. Commonwealth Casualty Co.

Citations

• 255 Pa. 566
• 100 A. 450
• 1917 Pa. LEXIS 494

Syllabus

<p>Beneficial societies — Benefit for violent death — -Neath—Proximate cause — Oase for fury — Evidence—Application for membership— Subsequent increase of hazard — Act of May 11, 1881, P. L. 20— Novation — Essentials of — Burden of proof.</p> <p>1. In an action under a membership certificate in a beneficial society providing for a certain payment to the beneficiary in case of death of the member through external, violent and accidental means, the question whether decedent’s death resulted from an accident was for the jury where it appeared that decedent was a mine superintendent; that while attempting to make repairs to a car attachment in the mine he accidentally slipped and injured his side, and two days thereafter was again injured on the same side by a second fall; that immediately following the accident he complained of pain and was unable to take food; that the pain continued and two physicians called suspected a growth obstruction in the bowels; that thereafter an operation was performed and a fibrous band Was found attached to the peritoneum at one end and the descending colon at the other; .that the band was severed and an incision made on the right side;, that there was no evidence of peritonitis at the time, but that such disease developed within 24 hours and the patient died therefrom the following day, and a post mortem examination showed that the inflammation was localized on the left side at the point where plaintiff sustained his injuries, and the fact that the operation was ne'cessary and was skillfully performed was not questioned.</p> <p>2. Where there is evidence that peritonitis might have existed in a latent form as a result of the injury, and became active as a result of the operation, the jury may find that the injury was the proximate cause of the death, even if the peritonitis was directly due to the operation, where the operation was made necessary by the injury and was skillfully performed.</p> <p>3. In such case where defendant insurance