Osgood v. United States Health & Accident Insurance Co.
Supreme Court of New Hampshire
Assumpsit, on an accident insurance policy issued to the plaintiff’s decedent, Eugene L. Osgood. Trial by jury and verdict for the plaintiff. Transferred from the December term, 1911, of the superior court by Mitchell, J., on the defendant’s exceptions to the denial of motions for a nonsuit and the direction of a verdict in its favor. The insured was struck by a locomotive while he was walking on a path beside the track of the Grand Trunk Hailway.
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Assumpsit, on an accident insurance policy issued to the plaintiff’s decedent, Eugene L. Osgood. Trial by jury and verdict for the plaintiff. Transferred from the December term, 1911, of the superior court by Mitchell, J., on the defendant’s exceptions to the denial of motions for a nonsuit and the direction of a verdict in its favor. The insured was struck by a locomotive while he was walking on a path beside the track of the Grand Trunk Hailway. There was evidence that he was walking outside the ends of the ties, but he must have been close to them to have been struck as he was. It was…
1Opinion of the CourtPeaslee, J.
The question here is the meaning of the term “road-bed of any railway.” The ruling was that this included only the space covered by the rails and ties, even though this be less than that swept by a passing car or locomotive. From an engineering standpoint, the road-bed includes all that is necessary to support the superstructure. Webster’s Int. Diet.; Cent. Diet. It is manifest that this would ordinarily be much more than the mere width of such superstructure. But the question here is not one of technical terms. The expression was not used in this contract by engineers or in view of…
2Cases cited3 opinions
- Piper v. Mercantile Mutual Accident Ass'nMassachusetts Supreme Judicial Court · 1894
- Standard Insurance v. LangstonSupreme Court of Arkansas · 1895
- Metropolitan Accident Ass'n v. TaylorAppellate Court of Illinois · 1897
3Cited by2 opinions
- Travelers' Ins. Co. v. HarrisCourt of Appeals of Texas · 1915
- Wilson v. Berlin Street RailwaySupreme Court of New Hampshire · 1930