141 Iowa 74 | Iowa | 1908
The policy of insurance issued by defendant to plaintiff on or about January 22, 1906, covered death or injuries to plaintiff through external, violent and accidental means, and, among other things, contained these provisions and conditions:
If injuries are sustained hy means as aforesaid (1) while the insured is riding as a passenger and being actually in or upon any railway passenger car using steam, cable or electricity, as a motive power, or (2) while riding in a regular passenger. elevator, or (3) while traveling as a passenger and on board a steam vessel of any regular line for the transportation of passengers, or (4) in consequence of the burning of a building in which the insured shall be at the commencement of the fire, the amount to be paid shall be double the sum specified in the section*76 under which claim is made, subject to all the conditions of this policy. This insurance does not cover disappearance nor suicide; nor in the event of accident or death, loss of limb, or sight or disability resulting, wholly or partly, directly or indirectly, from bodily or mental infirmity, or disease in any form; nor from sleep walking, medical or surgical treatment, war, or violating the law; nor from injuries intentionally inflicted upon the insured by himself; nor does it cover (except as incident to occupation of railway employees) entering or trying to enter or leave moving conveyances using steam or electricity as motive power (except cable and electric street cars) being in any place in or on such conveyance which has not been provided for the occupation of passengers during transit, or being upon 'any railroad bridge or right of way, except at established crossings of such roads with public highways. Section 9 above shall not apply to accidents happening while the insured is boarding or alighting from, or is upon the steps of any public conveyance referred to herein.
Plaintiff claims that he accidentally lost his arm between the wrist and elbow while attempting to pass through a train in the city of Grinnell, and his account of how it occurred is substantially as follows: He says that a train on the Iowa Central Railway Company came into the city of Grinnell, and stopped at its depot in that- city, where it was to wait for something like twenty minutes while its passengers took supper; that this train stood over and across a public street, along and over which plaintiff desired to pass; that, in order to reach his destination, he mounted one of the platforms of a car which made up the train, went to the steps on the other side, and that while he was in the act of alighting, with one hand ahold of an iron handhold on the car and one foot upon or nearly upon the ground, the train suddenly started backward, throwing him to the ground with one arm across a rail of the track, resulting in a car wheel passing over the same, and inflicting the injuries of which he complains. Defendant claimed that the insurance was fraudulently obtained,
The main proposition relied upon by defendant for a reversal may best be presented by copying an instruction
But defendant’s counsel contend with much plausibility that the instruction asked should have been given,
We find no prejudicial error; and the judgment must be, and it is, affirmed.