I  think  the  plaintiff  should  have  her  costs  of  the  appeal,
and  that  the  costs  of  the  day  and  of  the  motion  for  a  new
trial  should  abide  the  event

Cameron,  J. — I  am  of  opinion  the  judgment  of  the  Court
of  Common  Pleas  was  right,  and  should  be  affirmed.  On
the  evidence  the  deceased  John  Neill  did  not  come  to  his
death  by  bodily  injury  effected  through  external,  violent,
and  accidental  means  within  the  intent  and  meaning  of  the
contract  entered  into  by  the  defendants,  and  the  conditions
thereto  annexed.  The  plaintiff  in  herdeclaration  has  averred
that  he  did,  and  the  defendants  have  denied  it.  Treated  as  a
question  of  the  burden  of  proof,  the  affirmative  is  upon
the  plaintiff,  and  she  was  bound  to  shew  not  merely  a
death  from  external  violence,  but  death  by  such  violence
at  a  place  and  manner  insured  against.
By  the  first  condition  on  the  policy  it  is  expressly  declared,

among  other  risks,  that  **  standing  or  walking  on  a  railroad
track  or  bridge,  is  a  hazard  not  contemplated  or  covered
by  this  contract,  and  no  sum  will  be  paid  for  loss  of  life  or
disability  in  consequence  of  such  exposure."

From  the  evidence  adduced  in  support  of  her  case  by
the  plaintiff,  it  appeared  that  the  deceased  was  driving
along  the  track  of  the  Northern  Railway  for  some  distance
just  before  the  accident  causing  his  death  happened,  and
the  buggy  in  which  he  was  sitting  was  on  the  track  when
struck  by  a  railway  train ;  but  whether  it  was  then  in
motion  or  stationery,  does  not  appear.
