Freeman v. Travelers' Insurance
Massachusetts Supreme Judicial Court
Contract upon a policy of insurance, issued by the defendant corporation, against bodily injuries to "J. J. Murray, for the term of one year from September 14, 1883, and payable to the plaintiff. The material provisions of the policy appear in the opinion.
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Contract upon a policy of insurance, issued by the defendant corporation, against bodily injuries to "J. J. Murray, for the term of one year from September 14, 1883, and payable to the plaintiff. The material provisions of the policy appear in the opinion. Trial in the Superior Court, before Bacon, J., who allowed a bill of exceptions, in substance as follows: Murray was in the employ of the Boston, Barre, and Gardner Railroad Company, and was killed by a freight train on the road of that corporation on December 26, 1883. Edward Doody, a witness for the plaintiff, testified that he was the…
1Opinion of the CourtField, J.
The policy insures J. J. Murray against bodily injuries “ effected through external, violent, and accidental means, within the intent and meaning of this contract and the conditions hereunto annexed,” &c. After the principal clause of the policy, five provisos and eight conditions follow. The second proviso is, “ Provided always, that this policy is issued and accepted subject to all the provisions herein contained or referred to,” &c. The third proviso is, “ That this insurance shall not extend to any bodily injury .... when the death or *576injury may have happened in consequence of . . . .…
2Cases cited9 opinions
- Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
- Piedmont, Etc. Life-Ins. Co. v. Ewing, Etc.Supreme Court of the United States · 1876
- Redman v. Ætna InsuranceWisconsin Supreme Court · 1880
- Hodsdon v. Guardian Life InsuranceMassachusetts Supreme Judicial Court · 1867
- Schneider v. Provident Life InsuranceWisconsin Supreme Court · 1869
4 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Jones v. United States Mutual Accident Ass'nSupreme Court of Iowa · 1894
- Carnes v. Iowa State Traveling Men's Ass'nSupreme Court of Iowa · 1898
- Provident Life & Accident Ins. v. PrietoTennessee Supreme Court · 1935
- Travelers' Ins. Co. of Hartford v. RandolphCourt of Appeals for the Sixth Circuit · 1897
- Meadows v. Pacific Mutual Life InsuranceSupreme Court of Missouri · 1895
45 more not listed; retrieve them via the Exa API.