Keene v. New England Mutual Accident Ass'n
Massachusetts Supreme Judicial Court
Contract, by the administratrix of the estate of Fred L. Keene, upon a policy of insurance against accident, issued by the defendant to the intestate, who was killed while crossing: the tracks of the Old Colony Railroad Company at Brockton, on June 4,.1891. Trial in the Superior Court, before Fessevden, J., who, at the defendant’s request, ruled that the action could not be maintained, and directed the jury to return a verdict for the defendant • and the plaintiff alleged…
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Contract, by the administratrix of the estate of Fred L. Keene, upon a policy of insurance against accident, issued by the defendant to the intestate, who was killed while crossing: the tracks of the Old Colony Railroad Company at Brockton, on June 4,.1891. Trial in the Superior Court, before Fessevden, J., who, at the defendant’s request, ruled that the action could not be maintained, and directed the jury to return a verdict for the defendant • and the plaintiff alleged exceptions. The material facts appear in the opinion. The case was argued at the bar in November, 1898, and after-wards…
1Opinion of the CourtAllen, J.
The defendant insured the deceased “against personal bodily injuries effected . . . through external, violent, and accidental means, within the intent and meaning of the provisos and conditions” recited in the policy. The provisos and conditions material to be considered are as follows: “No claim shall be valid under this certificate when the death or injury may have been caused by duelling, fighting, wrestling,” or “ may have happened in consequence ... of racing of any description, or of any voluntary exposure to unnecessary danger, hazard, or perilous adventure.” “ The certificate holder…
2Cases cited5 opinions
- Redigan v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1891
- Freeman v. Travelers' InsuranceMassachusetts Supreme Judicial Court · 1887
- Tuttle v. Travellers' InsuranceMassachusetts Supreme Judicial Court · 1883
- Badenfeld v. Massachusetts Mutual Accident Ass'nMassachusetts Supreme Judicial Court · 1891
- Curtice v. WestNew York Supreme Court · 1888
3Cited by35 opinions
- Lovelace v. Travelers' Protective Ass'nSupreme Court of Missouri · 1894
- Murray v. Continental InsuranceMassachusetts Supreme Judicial Court · 1943
- Cox v. Central Vermont RailroadMassachusetts Supreme Judicial Court · 1898
- Anthony v. Mercantile Mutual Accident Ass'nMassachusetts Supreme Judicial Court · 1894
- United States v. MartinezCourt of Appeals for the First Circuit · 2014
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