Ætna Life Ins. v. Davis

Citations

• 191 F. 343
• 112 C.C.A. 87
• 1911 U.S. App. LEXIS 4949

Syllabus

<p>1. Insurance (§ 527*) — Accident Insurance — Construction of Policy — Injury While Passenger in Elevator.</p> <p>It is sufficient to bring a case within, a elause of an accident insurance policy subjecting the company to double liability for an injury to insured while “riding as a passenger * * * in an elevator provided for passenger service,” if at the time of an injury insured had so far entered an elevator as to be within it in common parlance, although some part of his body, as his foot, may have protruded.</p> <p>(Ed. Note. — For other cases, see Insurance, Cent. Dig. §§ 1312, 1313; Dec. Dig. § 527.*</p> <p>Accident insurance, risks and causes of loss, see notes to National Acc. Society v. Dolph, 38 C. C. A. 3; New Amsterdam Casualty Co. v. Shields, 85 C. C. A. 126.]</p> <p>2. Trial (§ 260*) — Instructions—Requests—Refusal.</p> <p>The refusal to give a requested instruction was not. error, where it was given in substance in the charge, although in different language.</p> <p>[Ed. Note. — For other cases, see Trial, Cent. Dig. § 651; Dec. Dig. § 260.*]</p>