Columbian Accident Co. v. Sanford
Appellate Court of Illinois
Memorandum.—Action in assumpsit. In the Superior Court of Cook County; the Hon. James Goggin, Judge, presiding. Declaration on certificate of membership in accident company; plea, general issue; trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the March term, 1893.
1Opinion of the Court
Opinion of the Court,
Waterman, J.
This action was brought to recover the amount claimed to be due upon a policy of life insurance issued by appellant. It was claimed by appellant that the insured came to his death in consequence of his failure to observe certain conditions of the policy, viz., “By unnecessary exposure to danger,” and by reason of his failure to use as required by the policy “ all due diligence for personal safety and protection.”
The insured was killed while attempting to cross the track in front of an approaching and visible railroad train.
Upon the evidence given as to the…
2Cases cited1 opinion
- Union Mutual Accident Ass'n v. FrohardAppellate Court of Illinois · 1889
3Cited by1 opinion
- People ex rel. Campbell v. TaxmanAppellate Court of Illinois · 1914