Cronkhite v. Travelers' Ins. Co.

• Citation: 43 N.W. 731,75 Wis. 116
• Parties: CRONKHITE v. TRAVELERS' INS. CO.
• Decision Date: 05 November 1889
• Court: United States State Supreme Court of Wisconsin

75 Wis. 116

43 N.W. 731

CRONKHITE

v.TRAVELERS' INS. CO.

Supreme Court of Wisconsin.

Nov. 5, 1889.

Appeal from circuit court, Portage county.

This action was brought upon an accident policy of insurance, dated July 29, 1887, issued by the defendant company to Carl E. Cronkhite, late husband of the plaintiff, insuring him for 12 months, under certain restrictions not material here, against loss of time “resulting from bodily injuries, effected during the term of his insurance through external, violent, and accidental means.” The policy further provides that, in case death should result from any such injuries within 90 days, the company will pay to the wife of the insured, the plaintiff, if then living, $2,000. The complaint sets out the whole policy, and alleges that the insured received personal injuries, caused by external, violent, and accidental means, between the 20th and 30th days of September, 1887, which resulted in his death on October 7th of the same year. It is also alleged that the insured was injured by being pinched, bruised, and jammed by cars while engaged in his regular employment, and acting in the capacity allowed by the terms of the policy. Due service of notice and proof of death, as required by the policy, is also alleged. Except as to the allegations of the corporate character of defendant, the issuing of the policy, and the death of the insured, the answer is a general denial. Under the heading, “Agreements and conditions under which this policy is issued and accepted,” there is indorsed upon the policy, among other stipulations, the following: “(3) This insurance does not cover disappearances; nor suicide, sane or insane; nor injuries of which there are no visible marks upon the body; nor accident, nor death, nor loss of limb or of sight, nor disability resulting, wholly or partly, directly or indirectly, from any of the following causes, or while so engaged or afflicted: disease or bodily infirmity; hernia; fits; vertigo or sleep walking; medical or surgical treatment; (amputation necessitated solely by injuries, and made within ninety days of the occurrence of accident, excepted;) intoxication, or narcotics; taking poison, or contact with poisonous substances; inhaling gas; sunstroke or freezing; dueling or fighting; war or riot; intentional injuries, inflicted by the insured or by any other person; voluntary overexertion; wrestling; lifting; racing; gymnastics; violating law; voluntary exposure to unnecessary danger.”

The plaintiff testified on the trial that she was the widow of the insured, and resided at Stevens Point; that her husband was a conductor on the Wisconsin Central Railroad; that his regular run was from Stevens Point to Ashland, and return; that he left home to make his regular trip September 17, and returned September 19, 1887, in the evening. She was then asked by her counsel what was his physical condition, so far as she could judge from his appearance. An objection to the question was interposed, and then followed a conversation between counsel for both parties and the court, during which counsel for plaintiff offered to prove by her and by physicians who attended the deceased that when he returned home on the 19th there were marks of extreme violence upon his back, apparently inflicted quite recently, within a day or two, and that his injuries, in the opinion of the physicians, were sufficient...