Dolge v. Commercial Casualty Insurance

Headnote

Insurance (accident) — action to recover upon-poli y insuring against injury while passenger on public conveyance — no recovery for'gunshot wound received while waiting for train on platform of station.

Dolge v. Commercial Casualty Ins. Co., 211 App. Div. 112 , affirmed.

Appeal from a judgment, entered December 19, 1924, upon an order of the Appellate Division of the Supreme Court in the second judicial department, which reversed a judgment in favor of plaintiff entered upon an order of Special Term granting a motion by plaintiff for judgment on the pleadings and directed a dismissal of the complaint. The action was brought by the plaintiff, as administratrix, to recover a single indemnity under a policy termed “ Travel Accident Policy,” issued to Edward H. Dolge, the deceased, which provided insurance in the event of an accident while the assured was a passenger on a public conveyance. The amended com

plaint sets forth that on January 5, 1924, while the policy was in full force and effect, said Dolge was traveling from The Bronx to his home in Mount Vernon, Westchester county, N. Y., and while a passenger on a public conveyance, namely, “ the Hunt’s Point Station of New York, Westchester and Boston Railway,” which is a common carrier of passengers, received an accidental injury, viz., a gunshot wound, inflicted by the discharge of a gun in the hands of an unknown person, and that the injury thus received resulted in Dolge’s death within twenty-four hours.