Gillis v. Duluth Casualty Ass'n
Supreme Court of Minnesota
Action in the district court for St. Louis county to recover $560 upon defendant’s accident insurance policy. The case was tried before Ensign, J., and a jury which returned a verdict for the amount demanded. From an order denying its motion for a new trial, defendant appealed.
1Opinion of the Court
Dibell, C.
Action on an accident insurance policy. Verdict for the plaintiff. The defendant appeals from the order denying its alternative motion for judgment or for a new trial.
1. Under the policy the defendant was not liable for an accident resulting from “unnecessary exposure to obvious risk of injury.” The *239plaintiff, a timber cruiser, was a passenger on a mixed train on the Duluth & Iron Range. His destination was the station of Alger, where the train let off passengers. The station was a mere stopping' place without the usual facilities of a country depot. It was night time. When the…
2Cases cited15 opinions
- Travelers' Ins. Co. of Hartford v. RandolphCourt of Appeals for the Sixth Circuit · 1897
- James v. United States Casualty Co.Missouri Court of Appeals · 1905
- Keene v. New England Mutual Accident Ass'nMassachusetts Supreme Judicial Court · 1894
- Diddle v. Continental Casualty Co.West Virginia Supreme Court · 1909
- Preferred Acc. Ins. v. MuirCourt of Appeals for the Third Circuit · 1904
10 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Sleeter v. Progressive Assurance Co.Supreme Court of Minnesota · 1934