Standard Insurance v. Langston
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court. John M. Heeiott, Judge. 1. The court erred in its charge to the jury. The contract was only against accidents, and it was expressly provided that the insured should “at all times use due care and diligence for his personal safety and protection.”
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Appeal from Jefferson Circuit Court. John M. Heeiott, Judge. 1. The court erred in its charge to the jury. The contract was only against accidents, and it was expressly provided that the insured should “at all times use due care and diligence for his personal safety and protection.” The facts in this case show a reckless disregard of .personal safety — such an unnecessary exposure to obvious danger that it is condemned by the general knowledge and experience of all prudent persons. 48 Ark. 129 ; 134 Mass. 175 ; Richards on Ins. p. 526 ; 80 Ga. 541; 133 N. Y. 366 ; 42 N. W. 936. 2. Appellee…
1Opinion of the Court
Battue J.
On the 18th of April, 1890, the Standard Rife and Accident Insurance Company, for a valuable consideration, executed to John W. Rangston a policy, and thereby insured him against “the effect of injury to the body caused by external, violent and accidental means.” On the 24th of June following, at about 12 o’clock in the night, Langston lay, apparently asleep, in the railroad yards at Alvarado, Texas, with his arm across one of the rails of the railway track. While he was in this position, a train ran over and crushed his arm to. such an extent as to make amputation necessary, and by…
2Cases cited8 opinions
- United States Mutual Accident Ass'n v. BarrySupreme Court of the United States · 1889
- Santa Clara County v. Southern Pacific RailroadSupreme Court of the United States · 1886
- Keene v. New England Mutual Accident Ass'nMassachusetts Supreme Judicial Court · 1894
- San Francisco & North Pacific Railroad v. State Board of EqualizationCalifornia Supreme Court · 1882
- Tuttle v. Travellers' InsuranceMassachusetts Supreme Judicial Court · 1883
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3Cited by5 opinions
- Meadows v. Pacific Mutual Life InsuranceSupreme Court of Missouri · 1895
- Stix v. Travelers Indemnity Co.Missouri Court of Appeals · 1913
- Martin v. People's Mutual Life InsuranceSupreme Court of Arkansas · 1920
- McClure v. Great Western Accident Ass'nSupreme Court of Iowa · 1907
- Osgood v. United States Health & Accident Insurance Co.Supreme Court of New Hampshire · 1912