DeLoy v. Travelers Insurance

Citations

• 171 Pa. 1
• 32 A. 1108
• 1895 Pa. LEXIS 1269

Syllabus

<p>Insurance — Accident insurance — Voluntary exposure to unnecessary danger.</p> <p>The words “voluntary exposure to unnecessary danger ” in an accident insurance policy, mean an intentional exposure to unnecessary danger, and, in an action upon such a policy, it is proper for the court to charge that unless the assured “ did it intentionally you cannot find that he exposed himself to danger within the terms of this exception. ... It is very difficult, and in fact it is rai-ely the case that you can «prove by positive evidence what a man’s intentions were, and hence you must determine his intentions generally from his acts and conduct; and, it may be said that if a man acts so i'ecklessly and carelessly that he shows an utter disregard of a known danger, then he may be said to have exposed himself voluntarily to danger. Or, if the risk of danger is so obvious that a prudent man, exercising reasonable foresight, would not have done the act, then he may be said to have voluntarily exposed his person to danger. It must also be exposed to unnecessary danger.”</p> <p>Insurance — Accident insurance—“ Roadbed ”—Walking upon railroad tracks.</p> <p>A provision in an accident insurance policy relieving the company from liability where an injury occurs to the assured while “ walking or being on a railroad bridge or roadbed,” does not prevent the assured from being lawfully upon a railroad track, unless it be at such a time that he voluntarily exposes himself to danger by doing so.</p> <p>In such a provision in the policy, “ roadbed ” does not mean the entire right of way, nor that part of it leveled off and constructed for the purpose of putting a railroad track on, but the pi’ovision was evidently intended to exempt the insurer from accident to the insured while walking upon the railroad tracks and railroad ties, or, at least, so near that he would be likely to be hit by trains passing or repassing upon the railroad.</p>