Whalen v. Peerless Casualty Co.
Supreme Court of New Hampshire
Assumpsit, on a policy of accident insurance dated April 21, 1906, and issued to the plaintiff by the defendant company. Trial by jury. Transferred from the December term, 1907, of the superior court by Chamberlin, J. The plaintiff was fifty-seven years old at the time of the trial. He was a resident of Berlin, and had lived for some years in a house westerly of the tracks in the yard above the station of the Grand Trunk Railway.
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Assumpsit, on a policy of accident insurance dated April 21, 1906, and issued to the plaintiff by the defendant company. Trial by jury. Transferred from the December term, 1907, of the superior court by Chamberlin, J. The plaintiff was fifty-seven years old at the time of the trial. He was a resident of Berlin, and had lived for some years in a house westerly of the tracks in the yard above the station of the Grand Trunk Railway. About two o’clock in the afternoon of the day of his injury, he left his home to go to another part of the city, proceeding along a path which crossed the railroad…
1Opinion of the CourtBingham, J.
At the time the plaintiff received his injury he held a policy in the defendant company insuring him against the loss of a foot by complete severance at or above the ankle joint, in the sum of $100, subject to the proviso that if the injury resulted “ wholly or in part from voluntary exposure to unnecessary danger or obvious risk of injury,” or resultéd from or was received “ while violating the law, or violating the rules of a public carrier affecting the safety of its passengers or the public,” he should be entitled to receive but $20. The defendant pleaded the exceptions contained in this…
2Cases cited7 opinions
- Insurance Co. v. BennettTennessee Supreme Court · 1891
- Equitable Accident Insurance v. OsbornSupreme Court of Alabama · 1890
- Bloom v. Franklin Life InsuranceIndiana Supreme Court · 1884
- Bradley v. . the Mutual Benefit Life Ins. Co.New York Court of Appeals · 1871
- Keene v. New England Mutual Accident Ass'nMassachusetts Supreme Judicial Court · 1894
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3Cited by4 opinions
- Prinsen v. Travelers' Protective Ass'nCourt of Appeals for the Tenth Circuit · 1933
- Sweeney v. SweeneySupreme Court of Vermont · 1922
- Continental Casualty Co. v. DeegCourt of Appeals of Texas · 1910
- Travelers' Ins. Co. v. HarrisCourt of Appeals of Texas · 1915