Cox v. Travelers' Insurance Co. of Hartford — 215 N.Y. 660

Majority

p. 660

Charles P. Cox, Individually and as Executor of Adam P. Steinert, Deceased, Appellant, v. The Travelers’ Insurance Company of Hartford, Connecticut, Respondent.

(Argued May 5, 1915;

decided May 25, 1915.)

Headnote

Cox v. Travelers' Ins. Co. of Hartford, 157 App. Div. 941 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 14, 1913, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover upon a policy of accident insurance. The complaint alleges that the

p. 661

decedent Steinert, on October 8, 1911, stepped on a nail, which caused a local blood poisoning in his foot, which was succeeded by á general septic condition, as a result of which he died on November 21, 1911.

James M. TS. O’Grady and Isaac M. Brickner for appellant.

Clarence P. Moser for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Willard Bartlett, Ch. J., Werner, Chase, Hogan, Miller, Cardozo and Seabury, JJ.