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eBook details

• Title: Ryan v. Continental Casualty Co.
• Author : Fifth Circuit Circuit Court Of Appeals
• Release Date : January 10, 1931
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

This was an action by the appellant on a policy issued by the appellee whereby the latter promised to pay to the former a stated sum for the loss of life of Charles J. Ryan, her husband, "resulting from a personal injury which is effected solely and independently of all other causes by the happening of an external, violent and purely accidental event." The evidence showed as follows: At the time of his death the insured was forty-four years of age. Prior to his assisting in loading ice in a railroad car on the morning of his death he appeared to be in good health. While an employee of the ice company of which insured was the manager was engaged in loading ice into the car the insured took part in that task. While pulling ice from a truck into the car he slid and sat down, and he fell a second time on his face. Then he got up, held one hand on his chest, and walked to a platform on which he laid down. After lying there for awhile he got up and went to his home in an automobile driven by his son. He died about thirty or forty minutes after reaching his home. A physician found him there in a state of shock, cold, clammy, and pale, and complaining of pain in his chest. The physician stated that he had his hand on deceaseds pulse when it stopped; that his pulse was good right up to the time it stopped, but it stopped very suddenly, and he went right into a convulsion and died. He also stated that he was at a loss as to the cause of the death until he heard that the undertaker had found that there was a leak, and he then guessed it was a ruptured aorta; that he did not see any external evidence of an injury; and that he did not know that it is possible, from a medical standpoint, for the aorta of the human body to be ruptured by any fall, no matter how violent, unless there was some external evidence of that fall. One would have no feeling after the rupture of the aorta, as death at once would follow such a rupture. The undertaker who embalmed the deceaseds body testified that in injecting the embalming fluid the face and upper part of the body responded, but that it appeared that there was no circulation in the lower part of the body, which led him to believe that there was an obstruction or rupture which interfered with the circulation. After the body had been embalmed there was an autopsy. The report of the physician who conducted the autopsy stated:

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