Aurnhammer v. Brotherhood Accident Co.

This is an action of contract upon an accident insurance policy. It provided (clause 1) that the insured would be paid $9 a week indemnity, if he suffered any bodily injury of the kind set out in the policy; and by clause K, a special indemnity of $60 per week, if the bodily injury should “ be received while said insured is riding as a passenger in any railway passenger car, operated by . . . electricity, . . . and such injury . . . [should] be due directly to or in consequence of the wrecking of said car.”

The parties agreed that the plaintiff was a passenger upon an open, fifteen-bench…