Tuttle v. Travellers' Insurance
Massachusetts Supreme Judicial Court
Contract upon a policy of insurance against accident, issued by the defendant corporation upon the life of Stephen Tuttle, and made payable to the plaintiff, his wife.
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Contract upon a policy of insurance against accident, issued by the defendant corporation upon the life of Stephen Tuttle, and made payable to the plaintiff, his wife. At the trial in this court, before Bevens, J., the evidence showed that, about ten o’clock in the evening of March 13, 1879, Tuttle was killed by being struck by a railroad train, while running along the tracks in front of it, for the purpose of getting on a train approaching in an opposite direction on a parallel track. The judge, at the defendant’s request, ruled that the action could not be maintained; directed the jury to…
1Opinion of the CourtC. Allen, J.
The policy provides, among other things, that no claim shall be made under it “ when the death or injury may have happened in consequence of exposure to any obvious or *176unnecessary danger.” It is also made subject to the condition, that “ the party insured is required to use all due diligence for personal safety and protection.” Both of these provisions were violated by the act of the deceased in going upon and along the track of the railroad, under the circumstances stated in the report. Wright v. Boston & Maine Railroad, 129 Mass. 440, 443. No two cases are precisely alike in their facts;…
2Cases cited16 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Scheffer v. Railroad Co.Supreme Court of the United States · 1882
- Insurance Co. v. TweedSupreme Court of the United States · 1869
- Cordell v. New York Central & Hudson River RailroadNew York Court of Appeals · 1878
- Allyn v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1870
11 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Jones v. United States Mutual Accident Ass'nSupreme Court of Iowa · 1894
- Murray v. Continental InsuranceMassachusetts Supreme Judicial Court · 1943
- Keene v. New England Mutual Accident Ass'nMassachusetts Supreme Judicial Court · 1894
- National Life & Accident Insurance v. LokeySupreme Court of Alabama · 1910
- Union Casualty v. HarrollTennessee Supreme Court · 1897
18 more not listed; retrieve them via the Exa API.