The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-06-01

Constable ]. S. Miller firmly believes
that an accident insurance policy that
does not insure is one of the things
there ought to he law against. Mr..
Miller took out a policy in the Inter
state Casualty company, of New York,
and some ii O. Ater in the discharge
of his duty he was set upon and ter
rihly beaten.
Because the injury was Intentional
upon the part of the man who assaulted
him. Mr.. Miller cannot recover. There
IS clause in the policy which prohibits
It. If Mr. Miller was hurt by his as
sailant without any intention upon the
part of the latter to inhict injury, he
would be paid accident insurance.
The case of Mr.. Miller to recover
from the Interstate Casualty company
on his insurance policy was called for
trial before Judge Edwards yesterday.
ON February is. 1896. while the plain
tiff was a. policy holder in good stand
ing, he went TO the home of Lee Mich
OILS. on Vine street, this city, to collect
rent or levy on his goods. Nichols be-
came angry and struck Miller a num-
ber Of times with large and some-
what warm fat-iron, breaking his jaw
REFUSED TO PAY.
His policy allowed him $25 per week
for total disability and $50 per week
for partial disability. Notice of the ac-
Cdent was given to the company and
Mr.. Miller sent in bill for thirty-twO
weeks total disability at s25 per week
and twenty three partial disability at
500, making a total of S1,267lf. The
company refused to pay. alleging that
the policy did not cover injuries inten-
tionally inflicted and the only amount
Mr. Miller was entitled to receive was
the last premium he paid, which
amounted to 800.
Mr.. Miller thereupon brought suit
The facts in the case We're practically
undisputed and the only witness eX
amined was the plaintiff. The defense
asked for q non-suit, and when thai
was refused rested the case and asked
for binding instructions. Judge Ed
wards granted this motion and in doing
50 he said to the jury:
"The responsibility Of deciding thi'
case is with the court. 1t appears tina
John S. Miller obtained an acciden
policy from the Interstate CASUALTY
company, Of New York. This polio!
provided a certain specified sum 70
total disability and another sum TO
partial disability. The trouble with thi
case so far as the plaintiff is concerned
IS that there is a provision of the pol
icy which says that if an injury is in
tentiOnally inflicted on the insured b.
himself or any other person he shal
not be entitled to recover anything bu
the last premium paid.
This condition of the policy mus
prevail, and for that reason Mr.. Mile
will not be able to recover anythin!
but the last premium of 500 l will als
grant a rule for a new trial, 50 tina
the matter can come up for consider
alton before the three judges.
OUGHT TO INSURE.
THE court would say that it he
leves an insurance policy ought to in
sure. but people must abide by the con
tracts into which they enter, and a
Mr.. Miller entered into this cOntrac
with the company he must be held t
its conditions"
Mr.. Miller was represented by AT
torney c. l.. Hawley and the defendan
company by Attorney NJ. ]. MartiI
The latter asked for a rule to shoN
cause why Mr. Miller should not pa
the costs.
The case of Mary Bartosch agains
Charles Myers. which was heard Mon
day before Judge Edwards, was give
10 the jury yesterday morning. A Yer
dict for the defendant was returned