Bean v. Employers' Liability Assurance Corp.
Missouri Court of Appeals
Appeal from the Jackson Circuit Cowrt. — Hon. John W. Henry, Judge. (1) To bring the case within the exception pleaded and relied on, the exposure must have been voluntary. It would not be voluntary unless the plaintiff knew of the danger, and intended to run the risk. There must be design. Bwkhart v. Ins. Go., 102 Pa. St. 162; Schneider v. Ins. Co., 24 Wis. 28; Schneider v. Ins. Co., 58 Wis. 13; Pierce v. Ins.
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Appeal from the Jackson Circuit Cowrt. — Hon. John W. Henry, Judge. (1) To bring the case within the exception pleaded and relied on, the exposure must have been voluntary. It would not be voluntary unless the plaintiff knew of the danger, and intended to run the risk. There must be design. Bwkhart v. Ins. Go., 102 Pa. St. 162; Schneider v. Ins. Co., 24 Wis. 28; Schneider v. Ins. Co., 58 Wis. 13; Pierce v. Ins. Co., 34 Wis. 389; 1 American & English Encyclopedia of Law, 92; Ins. Co. v. Osborne, 13 L. R. A. 2, p. 267; Tuttle v. Ins. Co., 134 Mass. 175; Webster (voluntary); May on Insurance [3…
1Opinion of the Court
.Gill, J.
— This is a snit on an accident policy of insurance for the loss of a foot, the amount named in the policy to he paid on that account being $1,000. Plaintiff’s foot was mashed off-by the coming together of the drawheads or bumpers of two freight cars over which he was attempting to cross. By the terms of the policy the defendant was exempted from liability for any injury occasioned by uvoluntary exposure to■ wmecessary danger,” and the defendant, by its answer, interposed the defense that the plaintiff did, at the time the injury occurred, voluntarily expose himself to-unnecessary…
2Cases cited4 opinions
- Hudson v. Wabash Western Railway Co.Supreme Court of Missouri · 1890
- Tuttle v. Travellers' InsuranceMassachusetts Supreme Judicial Court · 1883
- Corcoran v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1891
- Travelers' Insurance v. JonesSupreme Court of Georgia · 1888
3Cited by5 opinions
- Jamison v. Continental Casualty Co.Missouri Court of Appeals · 1904
- Alter v. Union Casualty & Surety Co.Missouri Court of Appeals · 1904
- Johnson v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1911
- McKee v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1902
- Fidelity & Casualty Co. v. SittigAppellate Court of Illinois · 1898