Fidelity & Casualty Co. v. Sittig
Appellate Court of Illinois
Assumpsit, upon a policy of accident insurance. Appeal from the Superior Court of Cook County; the Hon. Joseph E. Gary, Judge, presiding. This was a suit to recover upon a policy of accident insurance. The insured was killed while attempting to board a suburban train on the Illinois Central Railway.
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Assumpsit, upon a policy of accident insurance. Appeal from the Superior Court of Cook County; the Hon. Joseph E. Gary, Judge, presiding. This was a suit to recover upon a policy of accident insurance. The insured was killed while attempting to board a suburban train on the Illinois Central Railway. The evidence tends to show that he reached the neighborhood of the steps of the station platform just after the train had started; that he threw his valise on the platform of the car, seized the railing and attempted to climb on, but either lost his hold and fell after being carried some distance,…
1Opinion of the Court
Mb. Peesiding Justice Fbeeman
delivered the opinion of the court.
Voluntary exposure to danger implies something more than an act of mere volition. One may do a voluntary act which is dangerous without consciousness that he is thereby incurring serious risk. To constitute voluntary exposure to danger, appreciation of the danger must exist coincident with the voluntary act by which exposure is incurred. If' at the time when by his own volition one puts himself in danger, his attention is so engrossed with other considerations that for the time being he is blind to the existence, nature and…
2Cases cited5 opinions
- Tuttle v. Travellers' InsuranceMassachusetts Supreme Judicial Court · 1883
- National Benefit Ass'n v. JacksonIllinois Supreme Court · 1885
- Travelers' Insurance v. JonesSupreme Court of Georgia · 1888
- Williams v. . U.S.M.A. AssociationNew York Court of Appeals · 1892
- Bean v. Employers' Liability Assurance Corp.Missouri Court of Appeals · 1892