Johnson v. London Guarantee & Accident Co.
Michigan Supreme Court
Error to Wayne; Carpenter, J. Assumpsit by Benjamin Johnson against the London Guarantee & Accident Company on a policy of insurance. From a judgment for plaintiff, defendant brings error. Plaintiff took out an accident policy in the defendant company in the year 1892, for the sum of $3,000, with a weekly indemnity of $15, “against bodily injuries sustained through external, violent, and accidental means.” A written application was made, which was a part of the policy.
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Error to Wayne; Carpenter, J. Assumpsit by Benjamin Johnson against the London Guarantee & Accident Company on a policy of insurance. From a judgment for plaintiff, defendant brings error. Plaintiff took out an accident policy in the defendant company in the year 1892, for the sum of $3,000, with a weekly indemnity of $15, “against bodily injuries sustained through external, violent, and accidental means.” A written application was made, which was a part of the policy. The premium was $4 per $1,000. In his application he represented that he was “engaged in the business or occupation of…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. Counsel urge that the court erred in not directing a verdict for the defendant, on the ground that the plaintiff had voluntarily exposed himself to unnecessary danger. The complete answer to this is that counsel preferred no such request at the trial. The case was tried upon the theory that upon this point the question belonged to the jury to decide. This question is therefore not before us.
2. Error is alleged upon the following portion of the instructions:
‘ ‘ In order to make his act upon this occasion a voluntary exposure to unnecessary danger, he must have…
2Cases cited3 opinions
- Manufacturers' Accident Indemnity Co. v. DorganCourt of Appeals for the Sixth Circuit · 1893
- Hess v. Preferred Masonic Mutual Accident Ass'nMichigan Supreme Court · 1897
- Standard Life and Accident Ins. Co. v. TaylorCourt of Appeals of Texas · 1896
3Cited by16 opinions
- Diddle v. Continental Casualty Co.West Virginia Supreme Court · 1909
- Gotfredson v. German Commercial Accident Co.Court of Appeals for the Sixth Circuit · 1914
- Horan v. Prudential Ins. Co. of AmericaSuperior Court of Pennsylvania · 1931
- Garcelon v. Commercial Travellers' Eastern Accident Ass'nMassachusetts Supreme Judicial Court · 1907
- Vinograd v. Travelers Protective Ass'n of AmericaWisconsin Supreme Court · 1935
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