Price v. National Accident Society

Citations

• 37 Pa. Super. 299
• 1908 Pa. Super. LEXIS 281

Syllabus

<p>Insurance — Accident insurance — Death—Violent, external and accidental cause — Voluntary exposure to danger — Evidence—Burden of proof —Classification of risks — Railroad conductor — Passenger.</p> <p>Under a policy insuring against death caused solely by external, violent and accidental means, evidence that the insured was found dead between the tracks of a railroad near a station, with his left foot severed from the body, establishes a prima facie ease, and casts the burden of proof upon the insurer to show that death resulted from the doing of an unlawful act, or from a voluntary and unnecessary exposure of the deceased to danger or to the obvious risk of danger,— risks not within the terms of the policy.</p> <p>Where the insured in an accident policy, a shifting passenger conductor on a railroad, is killed after his day’s work is done, and while riding as a passenger on a train, the indemnity payable is to be determined not according to his occupation, but according to the fact that he was a railroad passenger, a less dangerous position under the classification of risks set forth in the policy.</p>