Burkhardt v. Columbia Relief Fund Ass'n

Citations

• 35 Pa. Super. 284
• 1908 Pa. Super. LEXIS 25

Syllabus

<p>Insurance — Accident insurance — Relief association — Disobedience of employer’s rules — Negligence—Street railways — Evidence.</p> <p>In an action on a policy of accident insurance to recover for personal injuries sustained by the insured while acting as a motorman, where the policy provides that there shall be no liability if the injuries are sustained by reason of the violation of a rule of the employer of the insured, and it appears that a rule of the employer forbade the insured to leave his car “without first throwing off the overhead switch, and removing the controller handle,” and the evidence is conflicting as to whether the insured had complied with this order, the case is for the jury and a verdict and judgment for plaintiff will be sustained.</p>