Champlin v. Railway Passenger Assurance Co.
New York Supreme Court
This was an appeal from a judgment entered upon a decision of the court at Special Term. The action was upon an accident insurance policy, which the plaintiff had taken from the defendant on the first day of July, 1867, and which purported to insure him against any accident while traveling by public or private conveyances for transportation of passengers in the United States, &c., causing personal injury, &c., for one day.
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This was an appeal from a judgment entered upon a decision of the court at Special Term. The action was upon an accident insurance policy, which the plaintiff had taken from the defendant on the first day of July, 1867, and which purported to insure him against any accident while traveling by public or private conveyances for transportation of passengers in the United States, &c., causing personal injury, &c., for one day. It appeared that the plaintiff, on the same day, attempted to jump on to an omnibus, a public conveyance used for carrying passengers, while the same was in motion; that he…
1Opinion of the Court
By the Court—Gilbert, J.
The general rule of law undoubtedly is, that a party is not entitled to compensation for an injury of which his own negligence or want of due care has been the primary cause. The contract of insurance, however, forms an exception to the rule. It has been repeatedly so held in England and in the United States, in relation to insurance against fire and to marine insurance. (Gates v. Madison Ins. Co., 1 Seld., 478; Mathews v. Howard Ins. Co., 1 Kern., 9, and authorities cited; see, also, Breasted v. Farmers’ L. & T. Co., 4 Seld., 299.) The reason given is that this…
2Cited by2 opinions
- Shevlin v. American Mutual Accident Ass'nWisconsin Supreme Court · 1896
- Gibson v. Casualty Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1913