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Ellefson v. Hawkeye Commercial Men's Ass'n

198 Iowa 430
Supreme Court of Iowa·Decided May 13, 1924·Published

Opinion

Preston, J.

[431] [430] — By the certificate issued April 30, 1919, Deitrich R. Ellefson, deceased, became a member of the association, entitled to benefits provided in its. articles and by-laws. It is [431] alleged, that, on July 28, 1921, insured met his death, by accidentally coming in contact with an electric wire charged with 6,600 volts of electricity. It is conceded that deceased was engaged in business at Gillett Grove, Clay County, Iowa, as the cashier of a bank, and continued to hold that position until the time of his death. But two questions, largely of fact, are presented. We reach the conclusion that, under the record, the trial court rightly found for plaintiff. A brief summary of the facts will suffice.

1. The by-laws, which are made a part of the contract, provide that the association shall not be liable “for any indemnity for accidental death resulting from any of the following causes, * * * nor voluntary exposure to obvious danger * * * each of the foregoing causes are expressly exempted from the provisions of the by-laws granting to members or beneficiaries, benefits or indemnities.”

Defendant avers that decedent came to his death by reason of a voluntary exposure to obvious danger, and that, therefore, it is not liable.

Deceased was also secretary and treasurer of the light and power company, an organization of farmers and others, owning an electric transmission line from Spencer to Gillett Grove. The company purchased its current from the plant at Spencer, and vended it to its stockholders. It maintained at Gillett Grove, a transformer outfit, designed to reduce the current from 6,600 volts on the high line to a voltage suitable for domestic purposes. One of the photographs introduced in evidence is here appended.

[432]

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Ellefson v. Hawkeye Commercial Men's Ass'n, 198 Iowa 430 (iowa 1924).

198 Iowa 430 (Ellefson v. Hawkeye Commercial Men's Ass'n) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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