Ripley v. Insurance Co.
Supreme Court of the United States
Error to the Circuit Court for the Western District of Michigan; the case being this : On the 8th of May, 1869, one Ripley took out an accident policy of insurance on his life, “ good for one day,” for $5000. It stipulated for the payment of that sum to the legal representatives of the assured, in the event of his death, from injuries effected through violent and accidental means; provided that the death was caused by an accident while the assured was “ travelling by public…
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Error to the Circuit Court for the Western District of Michigan; the case being this : On the 8th of May, 1869, one Ripley took out an accident policy of insurance on his life, “ good for one day,” for $5000. It stipulated for the payment of that sum to the legal representatives of the assured, in the event of his death, from injuries effected through violent and accidental means; provided that the death was caused by an accident while the assured was “ travelling by public or private conveyance.” After purchasing the ticket, the insured proceeded by steamboat to a village about eight miles…
1Opinion of the Court
The CHIEF JUSTICE
delivered the opinion of the court.
That the deceased was travelling is clear enough, but was travelling on foot travelling by public or' private conyeyanbe?
The contract must receive the construction which the language used fairly warrants. What was' the understanding of the parties, or, rather, what understanding must naturally have been derived from the language used? It seems to us th.at walking would not naturally be presented to the mind as a means of public or private conveyance. Public conveyance naturajly suggests a vessel or vehicle employed in the general conveyance…
2Cited by17 opinions
- Richards v. Travelers Insurance Co.California Supreme Court · 1891
- Koshland v. Columbia InsuranceMassachusetts Supreme Judicial Court · 1921
- Fidelity & Casualty Co. v. JoinerCourt of Appeals of Texas · 1915
- New York Life Insurance Company, a Corporation v. Joyce A. HarringtonCourt of Appeals for the Ninth Circuit · 1962
- Detroit Fidelity & Surety Co. v. United StatesCourt of Appeals for the Sixth Circuit · 1930
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