{
  "id": 8547676,
  "name": "ROGER RAINES, Administrator of the Estate of BENJAMIN LEON RAINES, Deceased v. ST. PAUL FIRE & MARINE INSURANCE COMPANY",
  "name_abbreviation": "Raines v. St. Paul Fire & Marine Insurance",
  "decision_date": "1970-07-15",
  "docket_number": "No. 7012DC325",
  "first_page": "27",
  "last_page": "30",
  "citations": [
    {
      "type": "official",
      "cite": "9 N.C. App. 27"
    }
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  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
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    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
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    {
      "cite": "152 S.E. 2d 102",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1967,
      "opinion_index": 0
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      "cite": "269 N.C. 235",
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      "reporter": "N.C.",
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      "cite": "141 S.E. 2d 502",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1965,
      "opinion_index": 0
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    {
      "cite": "264 N.C. 303",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8572733
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      "year": 1965,
      "opinion_index": 0,
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        "/nc/264/0303-01"
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    {
      "cite": "179 Neb. 642",
      "category": "reporters:state",
      "reporter": "Neb.",
      "case_ids": [
        2588929
      ],
      "weight": 2,
      "year": 1966,
      "opinion_index": 0,
      "case_paths": [
        "/neb/179/0642-01"
      ]
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    {
      "cite": "161 Colo. 442",
      "category": "reporters:state",
      "reporter": "Colo.",
      "case_ids": [
        4652926
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      "weight": 2,
      "year": 1967,
      "opinion_index": 0,
      "case_paths": [
        "/colo/161/0442-01"
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  "analysis": {
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    "char_count": 5769,
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    "simhash": "1:edc7ecdadc75733f",
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  "last_updated": "2023-07-14T14:50:15.842675+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Parker and Vaughn, JJ., concur."
    ],
    "parties": [
      "ROGER RAINES, Administrator of the Estate of BENJAMIN LEON RAINES, Deceased v. ST. PAUL FIRE & MARINE INSURANCE COMPANY"
    ],
    "opinions": [
      {
        "text": "Campbell, J.\nFor the defendant to be obligated to pay the claim of the plaintiff here, the injury of the plaintiff\u2019s deceased must have been, as the insurance contract states, \u201c. . . caused by accident and arising out of the ownership, maintenance or use of the automobile.\u201d We hold that the accidental shooting of Benjamin Raines, under the facts of this case, did not arise out of the ownership, maintenance or use of the automobile which is the vehicle insured under the defendant\u2019s policy. No casual connection between the discharge of the pistol and the \u201cownership, maintenance or use\u201d of the parked automobile was shown, and this is required to afford recovery under the policy. See Mason v. Celina Mutual, 161 Colo. 442, 423 P. 2d 24 (1967); National Union Fire Ins. Co. v. Bruecks, 179 Neb. 642, 139 N.W. 2d 821 (1966). Whisnant v. Insurance Co., 264 N.C. 303, 141 S.E. 2d 502 (1965) and Williams v. Insurance Co., 269 N.C. 235, 152 S.E. 2d 102 (1967) are factually distinguishable and a casual connection was shown.\nJudgment was properly entered for the defendant in this case.\nAffirmed.\nParker and Vaughn, JJ., concur.",
        "type": "majority",
        "author": "Campbell, J."
      }
    ],
    "attorneys": [
      "Bryant, Jones & Johnson, by James M. Johnson for plaintiff appellant.",
      "Anderson, Nimocks & Broadfoot by Henry L. Anderson for defendant appellee."
    ],
    "corrections": "",
    "head_matter": "ROGER RAINES, Administrator of the Estate of BENJAMIN LEON RAINES, Deceased v. ST. PAUL FIRE & MARINE INSURANCE COMPANY\nNo. 7012DC325\n(Filed 15 July 1970)\nInsurance \u00a7 91\u2014 automobile liability policy \u2014 accidental shooting in parked automobile\nAccidental shooting of automobile passenger by the driver while the automobile was .stopped, the engine was off and one door was open does not come within the terms of an automobile liability policy providing coverage for bodily injury and death \u201ccaused by accident and arising out of the ownership, maintenance or use of the automobile,\u201d there being no casual connection between the discharge of the driver\u2019s pistol and the \u201cownership, maintenance or use\u201d of the parked automobile.\nAppeal by plaintiff from' Herring, District Judge, 16 March 1970 Session of the District Court Division of the General Court of Justice of Cumberland County.\nThis action was tried by Judge Herring upon the following facts stipulated by the parties, which we shall employ to state the case:\n\u201cStatement of Facts\nOn March 31, 1968, Benjamin Leon Raines was negligently shot and killed by Foster Williams, when Foster Williams was playing with a pistol. Suit was subsequently brought by plaintiff herein and judgment obtained against Foster Williams in the sum of $2500 for the wrongful death of said Benjamin Leon Raines. Execution has been issued and returned unsatisfied. Prior to the accident resulting in Raines\u2019 death, Foster Williams, had been driving a car belonging to his father, Connie Williams, with permission. At the time of the accident the car was stopped, engine off and one door open. Foster Williams was sitting in the driver\u2019s seat, Raines was sitting in the front seat with one Elizabeth Watson in his lap. Lizzie Mae Smith was on the outside of the car talking to the occupants. Foster was playing with the gun, there was a sudden movement and the gun went off, killing Benjamin Raines.\nAt the time of the accident there was in force and effect an automobile liability policy issued by the defendant to Connie Williams covering the automobile involved under the provisions of which the defendant agreed \u2018to pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of bodily injury . . . including death at any time resulting therefrom, sustained by any person, caused by accident and arising out of the ownership, maintenance or use of the automobile.\u2019 The policy provisions included a definition of \u2018insured\u2019 as \u2018any person using such automobile, provided the actual use thereof is with the permission of the named insured.\u2019 Prior to this accident, Foster Williams had been driving said car with the \u2018permission\u2019 of his father and had with such \u2018permission\u2019 driven it to the point where the same was parked and the accident happened. It is stipulated that at the time of the accident, Foster Williams had permission to use the car involved.\u201d\nThe sole question which arises in this case, according to the further stipulation of the parties is:\n\u201cQuestion\nIt is stipulated that the sole question herein is whether or not under the terms of the policy provisions the death of Benjamin Leon Raines was an accident \u2018arising out of the . . . use of the automobile\u2019 in which he was sitting?\u201d\nBased upon these stipulated facts the following judgment was entered: \u2022\n\u201cJudgment (Filed March 19, 1970)\nFacts\nAs stipulated by the parties, reduced to writing and filed of record.\nConclusions of Law\n1. That the negligent killing of plaintiff\u2019s intestate by the defendant\u2019s insured operator of an automobile, with a pistol which said operator \u2014 Foster Williams \u2014 was playing with, when the automobile, with the owner\u2019s permission, was driven to the accident scene by said operator, and was stopped, with the motor off and one door open, while the operator was seated in the driver\u2019s seat, and plaintiff\u2019s intestate was seated in the right front seat, does not constitute damage sustained, \u2018caused by an accident and arising out of the . . . use of the automobile\u2019, under the terms and provisions of the policy of insurance;\n2. That the plaintiff is not entitled to have and recover any sum of the defendant.\nNow, Therefore, It Is Ordered, Adjudged and Decreed that the plaintiff have and recover nothing of the defendant and the costs are taxed against the plaintiff.\nThis 19th day of March, 1970.\n/s/ D. B. Herring, Jr.\nJudge Presiding\u201d\nPlaintiff appeals, assigning as error the signing of the above judgment.\nBryant, Jones & Johnson, by James M. Johnson for plaintiff appellant.\nAnderson, Nimocks & Broadfoot by Henry L. Anderson for defendant appellee."
  },
  "file_name": "0027-01",
  "first_page_order": 51,
  "last_page_order": 54
}