Hickman v. Ohio State Life Insurance

Citations

• 92 Ohio St. (N.S.) 87

Syllabus

<p>Accident insurance — Defense of exposure to obvious risk or danger — Jury to determine facts pleaded — Prejudicial - error in charge to jury — Error for court of appeals to render final judgment.</p> <p>1. In an action on a policy of accident insurance which contains a proviso exempting the insurer from liability for injury resulting from exposure to obvious risk of injury or obvious danger, the fact that the injury resulted to the insured while and because of exposing himself to a risk or danger which was obvious to him at the time is a sufficient defense to the action.</p> <p>2. When, in such an action, an issue of fact is made by the pleadings, as to whether the injury to the insured resulted while he was exposing himself to a risk or danger which was obvious to him at the time, and there is no substantial conflict in the testimony of the witnesses on the trial, but the unconflicting testimony discloses a variety of circumstances from which different minds might reasonably arrive at different conclusions as to that issue, it is the duty of the court to submit the determination of it to thei jury.</p> <p>3. Under such circumstances, when the court of appeals finds prejudicial error in the charge of the trial court to the jury, the judgment of the trial court should be reversed and the cause remanded for further proceedings according to law, and it is error for the court of appeals to enter final judgment.</p>