59 S.W. 7 (Ky.App. 1900), Travelers' Ins. Co. v. Clark

Citation:59 S.W. 7, 109 Ky. 350
Opinion Judge:BURNAM, J.
Party Name:TRAVELERS' INS. CO. v. CLARK. [1]
Attorney:Henry Burnett, for appellant. Wheeler & Worten and Edward W. Hines, for appellee.
Case Date:November 16, 1900
Court:Court of Appeals of Kentucky
 
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Page 7

59 S.W. 7 (Ky.App. 1900)

109 Ky. 350

TRAVELERS' INS. CO.

v.

CLARK. 1

Court of Appeals of Kentucky.

November 16, 1900

Appeal from circuit court, McCracken county.

"To be officially reported."

Action by Henry Clark against the Travelers' Insurance Company on a policy of accident insurance. Judgment for plaintiff, and defendant appeals. Affirmed.

Page 8

Henry Burnett, for appellant.

Wheeler & Worten and Edward W. Hines, for appellee.

BURNAM, J.

This was an action to recover on a policy of accident insurance. The policy, among numerous other exceptions, provided "that the insurance did not cover death or injury resulting wholly or in part from voluntary exposure to unnecessary danger." The answer alleged: "That the decedent, Nelson Clark, did voluntarily expose himself to unnecessary danger, by and on account of which he lost his life, under these circumstances: The night before he was injured he went upon the boiler deck of the steamer Jennie Gilcrist; that he was not employed in or upon said boat, and had no business on said boat at the time spoken of; that he recklessly and carelessly got upon the top of the boilers of said steamboat, laid down close to the safety pipe of said boiler, and did go to sleep; that the officers of said boat, upon discovering said Nelson Clark in this dangerous position, commanded him to leave the boat immediately, and informed him of the great danger he subjected himself to in occupying the position he did on the top of said boiler; that, in spite of said warning, said Nelson Clark, without the knowledge or consent of the officers of said steamboat, and against their warning and advice, again mounted to the top of one of the steam boilers, then filled with steam, and again laid down on the top of said boiler, close to the safety valve, and went to sleep; and that he did this after being fully informed and advised of the great danger of such a proceeding on his part. While thus lying on the top of said boiler, the steam of said boiler, being under heavy pressure, broke or exploded the safety valve on the top of the steam pipe, and thus permitted the steam to escape onto the person of said decedent, Nelson Clark, and from the effects of which he afterwards died; and that, but for negligence and recklessness on his part, the decedent would not have been hurt." The testimony in the case shows that Nelson Clark, the insured, was employed, with a number of other laborers, to load railroad ties on barges in the Cumberland river. A steamboat...

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