The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-02-11
CIRCUIT COURT
HAS CONFERENCE
Very Important Opinion Handed
Down Concerning Accident In
surance Co.'S Liability.
LYNcHBURe CASE TOMORROW
Cyrus Blankcnship vs.. Henry G,
King is Only Case On
Call.

Tho judges OF tho United States Circuit
Court of Appeals were In conference
session all of yesterday. comforting with
regard TO tho cases argued during the
week. There was no open court during
tho day. The court made and entered
DEGREES and judgments in all the cases
In which opinions have SO far been an
nounccd.
Tile only case on the call for to-ror-
row Is numbered on tho docket Gal, and
is styled Cyrus Bankcnship. ct al. plain
tiffs in error, VS.. Henry c. King, de-
PENDANT In error; in error TO the Circuit
Court ut Lynchburg, Va. To be argued
by Major n. r. Henry, of Tazewell. Va,
and Judge Il. NJ. Fulton, of Wise Court
house, Va. for tho plaintiffs In error.
and by Maynard F. stiles, of Charleston.
w. Va, for the defendant in error.
Interesting Opinion.
a very important opinion has recently
been handed down by this court relating
to the law bearing on accident policies
The opinion was prepared by Judge
Pritchard. The case Is entitled The FL
deity and Casualty Company, of New
York. plaintiff In error, VS. executors of
Frederick G.. Stacey. deceased. The pol
Icy held by the deceased provided for the
liability Of the plaintiff in error for
the death of the insured, provided that
such death resulted directly or inde-
pendently OF all other causes. from bod
lily injuries sustained through external,
violent and accidental means
Judge Prftchard. speaking for the
court. states in part: According to the
evidence, the insured. while in 1T of
temper on account of something that
Porter had said about him In connec-
ton with transaction at his bank. &C.
costed him on the street and engaged
in a conversation. and at a time whan
Porter was making no demonstration
of violence, assaulted him on tho face.
first with HIS right hand and then with
his left the last blow landing in Por-
ter's mouth, coming in contact with one
OF his teeth, thereby causing slight
abrasion Of tho skin of one of the fingers
Of the insured. and subsequently thereto
the finger became infected. which re-
suited in blood poison, and from the
effect of which he dies in about twenty
days thereafter.
Intentional Act.
1T thus appears that the insureo, at a
time when he was In full possession of
his mental faculties, accosted Porter and
engaged in a controversy. in consequence
of which he committed an assault on the
body of Porter. evidently Tor the purpose
of Furnishing him for what had just oc-
Cured between them. Everything con-
nected with the transaction clearly indl-
Gates that the insured Intended to do
exactly what he did on that occasion;
therefore. the injury which he received at
the time was the natural and logical re-
suit of an intentional act on his part
lie was n man of intelligence and il
must be presumed he knew that in max
ing an assault with his fist in the man
ner described, that he would probably
sustain more or less injury. In
view of the facts in the case, we are of
the opinion that the injury received in
the first instance was not due to an acct
dent, and therefore, the results which
flowed therefrom cannot be said to
be duesto an accidental cause. Such being
the case, the court below should have in
structed the jury that there was not suf-
flcient legal evidence upon which to base
finding in favor of the defendant in
error, and should have directed them to
return a verdict in favor of the plaint..l
in error The Judgment of s<hc Circuit
Court is reversed, and tho cause Is re-
manded to that court with instructions
to set aside the verdict and award Il new
trial, and to proceed thereafter in con-
formity with the views herein expressed"