Anable v. Fid. & Cas. Co. of New York

• Decision Date: 26 February 1906
• Citation: 63 A. 92,73 N.J.L. 320
• Parties: ANABLE v. FIDELITY & CASUALTY CO. OF NEW YORK.
• Court: New Jersey Supreme Court

63 A. 92

73 N.J.L. 320

ANABLE

v. FIDELITY & CASUALTY CO. OF NEW YORK.

Supreme Court of New Jersey.

Feb. 26, 1906.

(Syllabus by the Court.)

Action by Annie S. Anable against the Fidelity & Casualty Company of New York. Motion to enter judgment on special verdict for plaintiff. Granted.

Argued November term, 1905, before FORT, GARRETSON, and REED, JJ.

Vredenburgh, Wall & Van Winkle, for plaintiff. Bedle, Edwards & Thompson, for defendant.

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 12 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 90 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 90 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 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 8 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 immediately delivered to the conductor of that train a ticket entitling the assured to passage from Avon northwardly to New York City, which journey assured intended to make on said train. A few minutes later the train stopped at Asbury Park Station, arriving two minutes ahead of the schedule time. Assured went from said train to a news stand hard by and on said station platform bought a newspaper, stood a moment on the station platform, whereupon the train started on time, and, while the train was moving at the rate of six miles per hour, ran toward it across the station platform, and attempted to board it and continue his intended journey. Assured attempted to grasp the hand rail on the rear platform of the next to the last car of the train and missed it. He then grasped the hand rail on the front platform of the last car, but, failing to retain his hold thereof, he fell down on the station platform. He then lunged forward under the car and the wheels of the rear truck of the last car passed over his body and instantly and violently killed assured." The rights of the parties must be ascertained by the plain natural significance of the language employed. By this language the defendants contracted to pay double if death resulted to the insured from an injury received while riding as a passenger in or on a railroad train. The insured was not in the car, nor was he on...