Piper v. Mercantile Mutual Accident Ass'n
Massachusetts Supreme Judicial Court
Contract, upon a policy of insurance. Writ dated December 1,1891. At the trial in the Superior Court, before Bráley, J., it appeared that the plaintiff was the widow of J. Ellery Piper, to whom, on December 31, 1886, a policy of insurance had been issued by the defendant, by which it promised to pay the sum of five thousand dollars to the widow of the assured if, during the continuance of the policy, his death was occasioned by bodily injuries effected through external,…
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Contract, upon a policy of insurance. Writ dated December 1,1891. At the trial in the Superior Court, before Bráley, J., it appeared that the plaintiff was the widow of J. Ellery Piper, to whom, on December 31, 1886, a policy of insurance had been issued by the defendant, by which it promised to pay the sum of five thousand dollars to the widow of the assured if, during the continuance of the policy, his death was occasioned by bodily injuries effected through external, violent, and accidental means within the intent and meaning of the conditions recited in the policy. One of the conditions…
1Opinion of the CourtField, C. J.
The policy or certificate issued by the defendant was upon certain express conditions, one of which contained the following clause: “ Entering or attempting to enter or leave any public conveyance using steam as a motive power while the same is in motion, or walking or being on the road bed or bridge of any steam railway, are hazards not contemplated or covered by this certificate.” On the undisputed facts of this case we think that the plaintiff’s husband when he was killed was walking on the road-bed of the New York and New England Railroad Company within the meaning of this clause. We have…
2Cited by5 opinions
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- Garcelon v. Commercial Travellers' Eastern Accident Ass'nMassachusetts Supreme Judicial Court · 1907
- Keene v. New England Mutual Accident Ass'nMassachusetts Supreme Judicial Court · 1895
- Archibald v. Order of United Commercial TravelersSupreme Judicial Court of Maine · 1918
- Osgood v. United States Health & Accident Insurance Co.Supreme Court of New Hampshire · 1912