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. At the trial in the Superior Court, before Hopkins, J., it appeared that, by the policy which insured the plaintiff’s intestate against bodily injuries from “ external, violent, and accidental means,” the defendant agreed…
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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. At the trial in the Superior Court, before Hopkins, J., it appeared that, by the policy which insured the plaintiff’s intestate against bodily injuries from “ external, violent, and accidental means,” the defendant agreed to pay $5,000 to the beneficiary, who was the insured’s wife, and is the plaintiff, if death should result to the…
1Opinion of the CourtHolmes, J.
The rulings asked are disposed of by the former decision in this case. Keene v. New England Mutual Accident Association, 161 Mass. 149. So also are most of the matters excepted to in the charge. The jury were instructed that, if there had been such a universal, uniform, and long continued use by the general public for a crossing of the land where Keene, the deceased, was killed, as to give it the character of a line of travel, and such that it fairly might be inferred to be.known to the railroad company, the deceased would be presumed to have known of the fact, and to be where he was…
2Cases cited5 opinions
- Chenery v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1893
- Wright v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1886
- Keene v. New England Mutual Accident Ass'nMassachusetts Supreme Judicial Court · 1894
- Jaha v. BellegMassachusetts Supreme Judicial Court · 1870
- Piper v. Mercantile Mutual Accident Ass'nMassachusetts Supreme Judicial Court · 1894
3Cited by3 opinions
- Travelers' Ins. Co. of Hartford v. RandolphCourt of Appeals for the Sixth Circuit · 1897
- Murray v. Continental InsuranceMassachusetts Supreme Judicial Court · 1943
- Prinsen v. Travelers' Protective Ass'nCourt of Appeals for the Tenth Circuit · 1933