Sawtelle v. Railway Pass. Assur. Co.
U.S. Circuit Court for the District of Northern New York
[This was an action by Eleanor Sawtelle, administratrix of Henry H. Sawtelle, against the Railway Passenger Assurance Company of Hartford, for the alleged nonperformance of an insurance contract. Heard on motion for a new trial.]
1Opinion of the Court
WALLACE, District Judge.
Upon the evidence it is clear that the assured met his death by falling from the platform of one of the cars of the Erie Railway Company, between eleven and twelve o’clock at night, when the train was in 'full motion, either while riding upon the platform of the car or while passing from one ear to another. The contract, of insurance provides, that “no claim for insurance shall be made when death or injury may have happened in consequence of exposure to unnecessary danger, hazard or perilous adventure,” and that “standing, riding or being upon the platform of moving…
2Cited by5 opinions
- Standard Life & Accident Ins. v. ThorntonCourt of Appeals for the Sixth Circuit · 1900
- Ostendorf v. Arrow Insurance CompanySupreme Court of Minnesota · 1970
- Robinson v. United States Benevolent SocietyMichigan Supreme Court · 1903
- Berliner v. Travelers' Insurance Co.California Supreme Court · 1898
- Standard Insurance v. LangstonSupreme Court of Arkansas · 1895