63 A. 92 (N.J. 1906), Anable v. Fidelity and Casualty Company of New York

Citation:63 A. 92, 73 N.J.L. 320
Opinion Judge:REED, J.
Party Name:ANNIE S. ANABLE v. FIDELITY AND CASUALTY COMPANY OF NEW YORK
Attorney:For the plaintiff, Messrs. Vredenburgh, Wall & Van Winkle. For the defendant, Messrs. Bedle, Edwards & Thompson.
Judge Panel:Before Justices FORT, GARRETSON and REED.
Case Date:February 26, 1906
Court:Supreme Court of New Jersey
 
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Page 92

63 A. 92 (N.J. 1906)

73 N.J.L. 320

ANNIE S. ANABLE

v.

FIDELITY AND CASUALTY COMPANY OF NEW YORK

Supreme Court of New Jersey

February 26, 1906

Argued November 10, 1905.

On motion to enter judgment on a special verdict.

For the plaintiff, Messrs. Vredenburgh, Wall & Van Winkle.

For the defendant, Messrs. Bedle, Edwards & Thompson.

Before Justices FORT, GARRETSON and REED.

OPINION

[73 N.J.L. 321] REED, J.

This is a motion to enter judgment upon a special verdict. The question presented is whether upon this verdict the plaintiff is entitled to a judgment for $20,000 or to a judgment for only $10,000.

The defending company had written a policy of insurance upon the life of Eliphalet N. Anable, the husband of the plaintiff, for the benefit of the plaintiff. The husband died from injuries received at Asbury Park while attempting to board a train on the New Jersey Central railroad.

The insurance contract contained a provision for single insurance, and also a provision for double insurance. The first of these provisions insured the husband for twelve months against "disability or death resulting directly and independently of other causes from bodily injuries sustained through external, violent and accidental means, suicide, sane or insane not included, as follows: * * * If death shall result within ninety days from said injuries, the company will pay the beneficiary $10,000."

The provision for double insurance is this: "If said bodily injury was received by the assured while riding on a passenger elevator, or as a passenger in or on a public conveyance propelled by steam, compressed air, electricity or cable, and provided by a common carrier for passenger service, * * * If death shall result within ninety days from said injuries, the company will pay the beneficiary $20,000."

The question to be solved is whether the late husband received his injuries while riding as a passenger in or on a [73 N.J.L. 322] public conveyance propelled by steam. That portion of the special verdict which exhibits the manner in which the assured received the injuries from which he died is as follows:

"The assured, about eight o'clock in the morning of the 18th day of said October, boarded a regular passenger train of the Central Railroad of New Jersey at Avon, in the county of Monmouth, State of New Jersey, and...

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