... happening by chance ; unexpectedly taking place; not according to the usual course of things, or not as expected;' that, if a result is such as follows from ordinary means, voluntarily employed, in a not unusual or unexpected way, it cannot be called... The Southwestern Reporter - Page 481900Full view - About this book
| William Otis Badger - Courts - 1919 - 808 pages
...words "accident" and "accidental" in their act were used in their popular and ordinary meaning, as happening by chance, unexpectedly taking place, not according to the usual course of things. The supreme federal tribunal in Mutual Accident Association v. Barry, 131 US 100, 9 Sup. Ct. 755, 33... | |
| Law reports, digests, etc - 1891 - 964 pages
..."accident," as used in the policy, is presumed to be employed in its ordinary, popular sense, which means "happening by chance;" "unexpectedly taking place;" "not according to the usual course of things." So that a result ordinarily, naturally, flowing from the conduct of the party cannot be said to be... | |
| 1926 - 1624 pages
...United States Mut. Acci. Asso. v. Barry, 131 US 100, 33 L. ed. 60. 9 Sup. Ct. Rep. 755, the court said that "if a result is such as follows from ordinary...cannot be called a result effected by accidental means; hut that if, in the act which pre42 ALR— 16. us xs cedes the injury, something unforeseen, unexpected,... | |
| Law reports, digests, etc - 1926 - 1090 pages
...(CCA 2d) 265 F. 6. Mr. Justice Blatchford, speaking for the Supreme Court of the United States, says: "If a result is such as follows from ordinary means,...called a result effected by accidental means ; but if, in the act which precedes the injury, something unforeseen, unexpected, unusual occurs, which produces... | |
| Law - 1922 - 498 pages
...from US Mutual Accident Association v. Barry, 131 US 100, 9 Sup. Ct. 755, 33 L. Ed. 60, as follows : "If a result is such as' follows from ordinary means,...be called a result effected by accidental means." [1] In determining that an injury occurred by "accidental means," it should appear that the cause or... | |
| Law - 1801 - 518 pages
...for the jury to say whether or not it was an accident that he did not. The court say: "If the death is such as follows from ordinary means voluntarily...called a result effected by accidental means; but If in the act which precedes the injury something unforeseen, unexpected, unusual occur-, which produces... | |
| Law - 1922 - 496 pages
...within the meaning of a contract like the one under consideration. LCiting authorities.] * * * If the result is such as follows from ordinary means, voluntarily...cannot be called a result effected by accidental means. Schmidt v. Indiana TA Ass'n, 42 Ind. App. 483, 497, 85. NE 1032, 1037'." SOME CONTRIBUTIONS OF URBAN... | |
| Law - 1899 - 546 pages
...Association (Iowa). 76 NW Rep. 683. The ordinary and popular meaning of the word 'accidental' is said to be 'happening by chance; unexpectedly taking place; not...the usual course of things ; or not as expected.' Association v. Barry, 131 US 100, 9 Sup. Ct. Rep. 755. "It is argued that the rupture of a blood vessel... | |
| Law - 1920 - 490 pages
...accident or accidental means, are presumed to be employed in their ordinary and popular sense as meaning happening by chance, unexpectedly taking place, not according to the usual course of things, an event occurring without the foresight or expectation of the person acted upon or affected by it.... | |
| Law - 1925 - 448 pages
...effeeted through aeeidental means, death does not result through aeeidental means, if the result is sueh as follows from ordinary means voluntarily employed in a not unusual or unexpeeted way, but, lf in the at whieh preeedes the lnjury something unforeseen, unexpeeted, or unusual... | |
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