Diddle v. Continental Casualty Co.

Poffenbarger Judge:

Tbomas D. Diddle, insured for the benefit of his wife,’ Lydia Diddle, in the Continental Casualty Company, for $2,000.00, was struck by a railway water column, while riding on a railway engine,' and killed. His wife brought this action on the policy and recovered a judgment for the sum of $2,049.30. Tlie defense was predicated on a limited liability clause in the policy, reading as follows: “Where the accident or injury results from voluntary exposure to unnecessary danger or obvious risk of injury, or from the intentional act of the Insured or of any other person; * * * or…