Continental Casualty Co. v. Deeg

JAMES, Chief Justice.

This is an action on an accident insurance policy. The policy provided among other things: “In any of the losses covered by this policy and specified in parts 1 or 11, where the accidental injury results from voluntary exposure to unnecessary danger, or obvious risk of injury, . . . the amount payable shall be one-fourth of the amount which otherwise would be payable under this policy,” etc. There was a verdict for the entire amount provided in case of death.

Felix Deeg, the insured, was run over and killed by a train. There was evidence to show that he was an employe of…