64 N.W. 778 (Iowa 1895), Collins v. Bankers' Acc. Ins. Co.

Citation:64 N.W. 778, 96 Iowa 216
Opinion Judge:Granger, J.
Party Name:MARIE COLLINS v. THE BANKERS' ACCIDENT INSURANCE COMPANY, et al., Appellants
Attorney:Guernsey & Bailey for appellants Stiger & Struble for appellee.
Judge Panel:Granger, J. Kinne, J., took no part.
Case Date:October 24, 1895
Court:Supreme Court of Iowa
 
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Page 778

64 N.W. 778 (Iowa 1895)

96 Iowa 216

MARIE COLLINS

v.

THE BANKERS' ACCIDENT INSURANCE COMPANY, et al., Appellants

Supreme Court of Iowa, Des Moines

October 24, 1895

Appeal from Tama District Court.--HON. JOHN R. CALDWELL, Judge.

Edward Drahos was a member of the defendant company, and as such he held a certificate entitling the plaintiff as beneficiary therein, to five thousand dollars in case of his death by accident. On the thirteenth day of July, 1893, Edward Drahos was accidentally drowned, and this action is in equity to compel the officers of the company to make an assessment upon the membership of the company, in accordance with the terms of the agreement, to pay the amount due. Issue was taken on the petition and on the trial thereof judgment was given for the plaintiff, and the defendant appealed.--Modified and affirmed.

Modified and affirmed.

Guernsey & Bailey for appellants

Stiger & Struble for appellee.

Granger, J. Kinne, J., took no part.

OPINION

Page 779

[96 Iowa 217] Granger, J.

I.

A ground of defense is that the death of Drahos resulted from a voluntary exposure to unnecessary danger. Drahos was one of a fishing party camping on the Iowa river. The party had lines set out with hooks, and Drahos, with one Crossman, took a boat and went out to inspect them. It was in the night, and dark, and as they were returning the boat struck a limb or tree, in the water, and upset, and Drahos was drowned. A by-law of the defendant company provides that it shall not be liable for injuries or death resulting from voluntary exposure to unnecessary danger, because of which, and the particulars as to the death of Drahos, defendant urges that the judgment should be reversed. The party reached the river about 6 o'clock in the afternoon, and before it was dark, and put out their lines. It seems that in the water there were snags and trees, or at least one tree. The limb that upset the boat was "almost in the water; could hardly be seen." The snags seem to have been under the water. From the evidence, we understand that there was nothing observable, by looking at the water, to show it dangerous to go on in a boat. It does not appear that Drahos knew of the snags, even if he knew of the tree that was partly in sight. The provision of the certificate containing the clause referred to exempts the company from...

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