United States Supreme Court Cases & Opinions

U.S. Supreme Court

United States Mutual Accident Association v. Barry, 131 U.S. 100 (1889)

United States Mutual Accident Association v. Barry

No. 240

Argued April 9, 1889

Decided May 13, 1889

131 U.S. 100

ERROR TO THE CIRCUIT COURT OF THE UNITED

STATES FOR THE EASTERN DISTRICT OF WISCONSIN

Syllabus

A certificate or policy issued by a Mutual Accident Association stated that it accepted B. as a member in division AA of the association; "the principal sum represented by the payment of two dollars by each member in division AA," not exceeding $5,000, to be paid to the wife of B. in 6O days after proof of his death, from sustaining "bodily injuries effected through external violent and accidental means." B. and two other persons jumped from a platform four or five feet high to the ground, they jumping safely and he jumping last. He soon appeared ill, and vomited, and could retain nothing on his stomach, and passed nothing but decomposed blood and mucus and died nine days afterwards. In a suit by the widow to recover the $5,000, the complaint averred that the jar from the jump produced a stricture of the duodenum, from the effects of which death ensued. At the time of the death, the association could have levied a two dollar assessment on 4,803 members in division AA.

Held: