Travelers' Ins. v. Clark
Court of Appeals of Kentucky
Case 53 — Action ox an* Accident Policy appeal from: m’cracken circuit court. Judgment por Plaintiff and Defendant Appeals Nelson Clark, the insured, was employed to load railroad ties on barges on the Cumberland river. A towboat, known as the Gilchrist, was employed to tow these-barges from point to point. There was a shanty-boat, provided by the employer, in which the tie men were to sleep. It was provided with bunks for that purpose.
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Case 53 — Action ox an* Accident Policy appeal from: m’cracken circuit court. Judgment por Plaintiff and Defendant Appeals Nelson Clark, the insured, was employed to load railroad ties on barges on the Cumberland river. A towboat, known as the Gilchrist, was employed to tow these-barges from point to point. There was a shanty-boat, provided by the employer, in which the tie men were to sleep. It was provided with bunks for that purpose. Clark and the tie men were not employes on the tow boat, nor did they have any duties to perform on the towboat, or any business of any kind. In March, 1897,…
1Opinion of the Court
OPINION OP THE coubt BY
JUDGE BURNAM
Apfibming.
This was an action to recover on a policy of accident insurance. The policy, among numerous other exceptions, proyided, “that the insurance did not cover death or injury resulting wholly or in part from voluntary exposure to unnecessary danger.” The answer alleged: “That the decedent, Nelson Clark, did voluntarily expose himself 'to unnecessary danger, by and on account of which he lost his life, under these circumstances: The night before he was injured he went upon the boiler deck of the steamer Jennie Gilcrist; that he was not employed in or…
2Cases cited2 opinions
- Travelers' Ins. Co. of Hartford v. RandolphCourt of Appeals for the Sixth Circuit · 1897
- Lehman v. Great Eastern Casualty & Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by5 opinions
- Ward v. Penn Mutual Life Insurance CompanyMissouri Court of Appeals · 1961
- Campbell v. Fidelity & Casualty Co.Court of Appeals of Kentucky · 1901
- Beard v. Indemnity Insurance Co.West Virginia Supreme Court · 1909
- Prudential Life Insurance v. Overby's Adm'xCourt of Appeals of Kentucky (pre-1976) · 1933
- Travelers' Ins. Co. v. HarrisCourt of Appeals of Texas · 1915