Tooley v. Railway Pass. Assur. Co.
U.S. Circuit Court for the Southern District of Illnois
This was an action by Daniel H. Tooley, administrator of the estate of John Tooley, deceased, against the Railway Passenger Assurance Company of Hartford, Connecticut, on two accident policies of insurance for $3,000 each, issued by the defendant to the deceased.
1Opinion of the CourtDrummond, Circuit Judge
(charging jury). John Tooley, on the 24th day of January, 1871, took from the agent of the defendant, at Quincy, Illinois, two policies of insurance, for $3,000 each. That amount was to be paid on each policy in case of the death of Tooley within two days. It was provided that the liability should not exist unless while he was actually traveling in a public conveyance of common carriers, and in compliance with their rules and regulations, and besides he was not to neglect the use of due diligence for self-protection.
Tooley, on the afternoon of the 25th of January, took the Champaign…
2Cases cited3 opinions
- Northrup v. . the Railway Passenger As. Co.New York Court of Appeals · 1871
- Keller v. New York Central RailroadNew York Court of Appeals · 1861
- Davis v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1864
3Cited by6 opinions
- Wilmarth v. Pacific Mut. Life Ins. Co.California Supreme Court · 1914
- Anable v. Fidelity & Casualty Co.Supreme Court of New Jersey · 1906
- Banta v. Continental Casualty Co.Missouri Court of Appeals · 1908
- Jamison v. Continental Casualty Co.Missouri Court of Appeals · 1904
- Gibson v. Casualty Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1913
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