80 Ga. 541 | Ga. | 1888
Jones had an accident policy, commencing to operate in June, 1884, and continuing of force for one year. In January, 1885, he undertook to pass from some point in the city of Brunswick to his home in that city, and in walking along a railroad track, he stepped upon a trestle several feet in length, consisting of cross-ties elevated some six or eight feet above the bottom of a ditch, and requiring several steps (each from one cross-tie to another) to pass over it. The night was dark and rainy. He had in his arms or hands two packages; and while endeavoring to pass, he made a misstep and fell through and hurt himself seriously. The contract contained a stipulation exempting the company from liability for inj uries occasioned by “ voluntary exposure to unnecessary danger, hazard, or perilous adventure.” The defence was that this injury was within the exemption; and the evidence showed that Jones knew the place was dangerous; and all the witnesses regarded it as dangerous. There were other ways to reach his home, but that was the usual way he traveled, and
Judgment affirmed.