Taylor v. General Accident Assurance Corp.

Citations

• 208 Pa. 439
• 57 A. 830
• 1904 Pa. LEXIS 780

Syllabus

<p>Insurance — Accident insurance — Death from, fall — Evidence.</p> <p>In an action upon a policy of accident insurance it appeared that the policy provided for damages for death “caused solely and exclusively by external, violent and accidental means,” and not “directly or indirectly from disease in any form either as cause or effect.” The insured, a man about fifth-eight years of age, was observed on a moonlight night to be mounting four sandstone steps with a rubber mat lying upon the top one, at the entrance to his office. As he reached the top step he was seen to fall. Immediately afterward he was found lying at the bottom of the steps severely injured, but not unconscious. In answer to a question he said he did not know how he came to fall. With assistance he walked to his house 375 feet away. Hemorrhages from his stomach due to rupture of blood vessels resulting from the fall ensued, and the insured died within four days from the accdient. Medical testimony was to the effect that there was nothing in the insured’s condition indicating that he was afflicted with any disorder that might have contributed to the fall, or to his death. Held, (1) that the evidence was sufficient to sustain a finding that the fall was accidental; and (2) that a verdict and judgment for plaintiff should be sustained.</p>