Duncan v. Preferred Mutual Accident Ass'n
The Superior Court of the City of New York and Buffalo
Appeal from trial term. Sebastian Duncan sued the Preferred Mutual Accident Association. From a judgment entered upon verdict of jury, and from order denying motion for new trial, made upon judge’s minutes, defendant appeals.
1Per curiam
The plaintiff sues as the assignee of a policy of insurance made, by defendant, insuring one Jansen, the assignor, “against bodily injuries effected through external, violent, and accidental means. ” For a reversal it is urged that the testimony incontrovertibly proved that Jansen’s death resulted from his own negligence. The policy provided that “the member is required to use all due diligence for personal protection. ” The death of Jansen was caused by his being run down by a steam locomotive and its train. The train was moving upon a track, close to the platform of a station. This track…
2Cited by10 opinions
- Richardson v. Carbon Hill Coal Co.Washington Supreme Court · 1895
- Lyons v. Employment Security CommissionMichigan Supreme Court · 1961
- Shevlin v. American Mutual Accident Ass'nWisconsin Supreme Court · 1896
- Garcelon v. Commercial Travellers' Eastern Accident Ass'nMassachusetts Supreme Judicial Court · 1907
- McClure v. Great Western Accident Ass'nSupreme Court of Iowa · 1908
5 more not listed; retrieve them via the Exa API.