Bakalars v. Continental Casualty Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for La Crosse county: J. J. Feuit, Circuit Judge. Action on policy for accidental death of John Bahalars on December 7, 1905, -whose body was found shortly after 1 o'clock in the morning beside a railroad track.
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Appeal from a judgment of the circuit court for La Crosse county: J. J. Feuit, Circuit Judge. Action on policy for accidental death of John Bahalars on December 7, 1905, -whose body was found shortly after 1 o'clock in the morning beside a railroad track. Death, by one •of the canses insured against was not contested, but the defendant set up, first, that it occurred from “the voluntary exposure of said Bakalars to unnecessary danger and obvious risk and injury,” and, second, while said Bakalars was “under the influence of intoxicating liquors,” in each of which cases the' policy provided…
1Opinion of the Court
The following opinion was filed October 5, 1909 :
Dodge, J.
1. The first error assigned is upon refusal to -submit to the jury the question whether the injury resulted “from voluntary exposure to unnecessary danger or obvious risk of injury.” According to the great weight of authority three elements are essential to this excuse from liability: (a) Conscious knowledge of the danger; (b) intentional or wilful exposure to it; and (c) that the danger shall be unnecessary. As to the first two elements,, this court has declared itself in accord with such authority in Schneider v. Providence L. Ins.…
2Cases cited12 opinions
- Hyer v. City of JanesvilleWisconsin Supreme Court · 1898
- Jones v. United States Mutual Accident Ass'nSupreme Court of Iowa · 1894
- Musbach v. Wisconsin Chair Co.Wisconsin Supreme Court · 1900
- Prader v. National Masonic Accident Ass'nSupreme Court of Iowa · 1895
- Schneider v. Provident Life InsuranceWisconsin Supreme Court · 1869
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3Cited by13 opinions
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- Knights of the MacCabees of the World v. JohnsonSupreme Court of Oklahoma · 1917
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