Wilcox v. Central Accident Insurance

Citations

• 234 Pa. 58
• 82 A. 1093
• 1912 Pa. LEXIS 610

Syllabus

<p>Insurance — Accident insurance — Walking on railroad tracks — Unnecessary exposure to danger.</p> <p>Where a policy of accident insurance provides that the policy shall not cover any injury, fatal or otherwise, resulting from “walking or being on the roadbed or bridge of any railway,” or from “unnecessary exposure to danger,” no recovery can be had under the policy where it appears that the insured was killed while attempting to cross the tracks of a railroad at a point where there was no public crossing nor placé ordinarily used as a crossing; that the insured was not required by any business pursuit or necessity to cross at this point, but only did so to avoid a detour; and that he could have seen the train which struck him, in time to avoid the accident, if he had looked.</p>