Rose v. Commercial Mutual Accident Co.

Citations

• 12 Pa. Super. 394
• 1900 Pa. Super. LEXIS 252

Syllabus

<p>■Accident insurance — Construction of policy — Overexertion—Province of court.</p> <p>In. an action to recover on an accident policy for weekly payments under the accident indemnity clause, a nonsuit was pn'operly entered when the injury resulting was a hemorrhage caused from efforts exerted in lifting a sewer manhole, the policy exempting from the insurance “ all accidental injury or death resulting from or caused directly or indirectly, wholly or in part by .... lifting or overexertion.” The construction of the policy was for the court and the evidence being undisputed there was nothing to be submitted to the jury.</p>