194 N.W. 194 (Iowa 1923), 35145, Christensen v. National Travelers Benefit Association of Des Moines
|Citation:||194 N.W. 194, 196 Iowa 375|
|Opinion Judge:||EVANS, J.|
|Party Name:||DOROTHY CHRISTENSEN, Appellee, v. NATIONAL TRAVELERS BENEFIT ASSOCIATION OF DES MOINES, Appellant|
|Attorney:||J. U. Sammis and F. P. Carr, for appellant. C. R. Metcalfe, for appellee.|
|Judge Panel:||EVANS, J. PRESTON, C. J., ARTHUR and FAVILLE, JJ., concur. PRESTON, C. J., ARTHUR and FAVILLE, JJ., concur.|
|Case Date:||June 22, 1923|
|Court:||Supreme Court of Iowa|
REHEARING DENIED SEPTEMBER 22, 1923.
Appeal from Plymouth District Court.--WILLIAM HUTCHINSON, Judge.
ACTION upon a policy of accident insurance. The plaintiff was the beneficiary of the policy. The insured was her husband, whose death resulted from accident. The only defense pleaded was predicated upon the following provisions of the policy:
"This policy shall not cover * * * injuries occasioned by * * * exposure to obvious risk * * * to an amount exceeding $ 75."
The defendant pleaded that the insured breached the foregoing provision, and that his death resulted therefrom. At the close of plaintiff's evidence, the trial court sustained the motion of the defendant to direct a verdict for the plaintiff for $ 75, and no more, the face of the policy being for $ 2,000. On the following day, and during the same term, the court, on its own motion, set aside its prior order, and ordered a new trial. From this order the defendant has appealed.
[196 Iowa 376]
The insured, Henry M. Christensen, was a man 25 years of age, physically active and in good health. He was a resident of the town of Struble. He met his death at the near-by town of Hinton, in the forenoon of June 7th, while attempting to board a moving freight train. One hour before, he had purchased his ticket. The train was in the station, and had much work to do there. Christensen's place of waiting was at a place of business about 100 or 125 feet distant from the depot. The train was headed north. Its engine was near the south end of the depot platform. The train was quite long, consisting of 30 or 40 cars. As the engine gave its starting signal, Christensen started for the depot platform. As he approached the same, the conductor mounted the engine, and called to Christensen to "go down there and get on." Christensen started for the south end of the train, but turned back again to the platform, apparently believing
the distance to the south end was too great to enable him to get aboard before the speed of the train should become forbidding. The platform was a long platform, about 18 inches high. Christensen ran alongside of a flat car that was without handholds or other aids to board it. He put his hands upon the floor of the car and leaped thereto, apparently attempting to get into a sitting position thereon. The attempt failed, and he fell between the...
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