Schneider v. Provident Life Insurance

This action was upon a policy by which Bruno Schneider was insured against injury or death by accident. He attempted to get on a train of cars while in slow motion, and fell under them and was killed. The policy contained a clause that the company should not be liable for any injury happening to the assured by reason of his “ willfully and wantonly exposing himself to any unnecessary danger or peril.” And, on the trial, the plaintiff was nonsuited, upon the ground that the death was within this exception.

But the position most strongly urged by the respondent’s counsel in this court was, that,…