Dillon v. Continental Casualty Co.
Missouri Court of Appeals
Appeal from Howard Circuit Court. — Now. Alexander H. Waller, Judge. (1) Tbe duties of assistant car inspector did not require deceased to jump onto and bang upon tbe outside ladder of a car and thus ride through a railroad yards in tbe night time where other cars were standing in dangerous proximity. Bacon v. Railroad, 143 Pa. St. 14. (2) The conduct of deceased in getting upon the side of a moving car in a railroad yards at night was gross negligence.
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Appeal from Howard Circuit Court. — Now. Alexander H. Waller, Judge. (1) Tbe duties of assistant car inspector did not require deceased to jump onto and bang upon tbe outside ladder of a car and thus ride through a railroad yards in tbe night time where other cars were standing in dangerous proximity. Bacon v. Railroad, 143 Pa. St. 14. (2) The conduct of deceased in getting upon the side of a moving car in a railroad yards at night was gross negligence. Even if such be the custom, it is a dangerous one and affords no relief for the conduct of the deceased. Hughes v. Railroad, 127 Mo. 455;…
1Opinion of the CourtEllison, J.
Plaintiff is the administrator of the estate of James. Dillon, deceased, and he brought this action upon an accident insurance policy for one thousand dollars. The judgment in the trial court -was for the plaintiff for the full amount.
By the terms of the policy it was agreed to pay to Dillon’s estate one thousand dollars in the event that he “should receive personal or bodily injury through external and purely accidental means, resulting in the loss of life.” . It was further provided by the policy that “where the accidental injury results from voluntary exposure to unnecessary danger or…
2Cases cited8 opinions
- Charlton v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1906
- Keene v. New England Mutual Accident Ass'nMassachusetts Supreme Judicial Court · 1894
- Pacific Mut. Life Ins. v. SnowdenCourt of Appeals for the Eighth Circuit · 1893
- Fidelity & Casualty Co. v. SittigIllinois Supreme Court · 1899
- Collins v. Bankers' Accident InsuranceSupreme Court of Iowa · 1895
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3Cited by1 opinion
- McIver v. GloriaTexas Supreme Court · 1943