Shevlin v. American Mutual Accident Ass'n
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Portage county: Chas. M. Webb, Circuit Judge. Aetipn to recover on a policy of accident insurance. The policy contained this exception to the liability of the company: “This insurance does not cover . . . death or injury resulting wholly or in part, directly or indirectly, from exposure to unnecessary danger.”
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Appeal from a judgment of the circuit court for Portage county: Chas. M. Webb, Circuit Judge. Aetipn to recover on a policy of accident insurance. The policy contained this exception to the liability of the company: “This insurance does not cover . . . death or injury resulting wholly or in part, directly or indirectly, from exposure to unnecessary danger.” The answer alleged that the death of the assured was caused by an act within such exception, in that, on the 20th day of November, 1892, at bout 7 o’clock in the evening, at Amherst Junction on the line of the Wisconsin Central road, the…
1Opinion of the CourtMarshall, J.
It was error for the court to leave it to the jury to speculate on whether the deceased fell or jumped from the car. In view of the undisputed evidence that deceased and his associate, Swenson, proposed getting off the train at Amherst; that it was agreed between them that if the train did not stop there they would jump off; that the train, instead of slowing up as it approached the station, appeared to them to be increasing in speed, whereupon *183Swenson jumped, and immediately thereafter found the deceased unconscious, lying beside the track,— there is no room for any reasonable inference…
2Cases cited12 opinions
- Keene v. New England Mutual Accident Ass'nMassachusetts Supreme Judicial Court · 1894
- Schneider v. Provident Life InsuranceWisconsin Supreme Court · 1869
- Jewell v. Chicago, St. Paul & Minneapolis Railway Co.Wisconsin Supreme Court · 1882
- Cousins v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1893
- Lake Shore & Michigan Southern Railway Co. v. BangsMichigan Supreme Court · 1882
7 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Pacific Mutual Life Ins. Co. v. AdamsSupreme Court of Oklahoma · 1910
- National Life & Accident Insurance v. LokeySupreme Court of Alabama · 1910
- Kennedy v. Washington National InsuranceCourt of Appeals of Wisconsin · 1987
- Bakalars v. Continental Casualty Co.Wisconsin Supreme Court · 1909
- Smith v. Aetna Life InsuranceSupreme Court of Iowa · 1901
13 more not listed; retrieve them via the Exa API.