42 N.E.2d 771 (Ohio 1942), 28693, Mitchell v. Great Eastern Stages

Docket Nº:28693.
Citation:42 N.E.2d 771, 140 Ohio St. 137
Opinion Judge:WILLIAMS, J.
Party Name:MITCHELL v. GREAT EASTERN STAGES, Inc., et al.
Attorney:Knepper, White & Dempsey, of Columbus, for appellant. Messrs. Humes & McAllister, for appellee. Messrs. Knepper, White & Dempsey, for appellant.
Judge Panel:WEYGANDT, C. J., and TURNER, MATTHIAS, HART, ZIMMERMAN, and BETTMAN, JJ., concur.
Case Date:June 24, 1942
Court:Supreme Court of Ohio
 
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Page 771

42 N.E.2d 771 (Ohio 1942)

140 Ohio St. 137

MITCHELL

v.

GREAT EASTERN STAGES, Inc., et al.

No. 28693.

Supreme Court of Ohio

June 24, 1942

Syllabus by the Court.

1. A liability insurance policy filed and approved pursuant to Section 614-99, General Code, must be interpreted in the light of that section so as to give effect to the legislative intent.

2. Such a policy, which by its terms indemnifies the insured against loss by injury or death from the negligence of the insured while operating as a common carrier by bus under a certificate of public convenience and necessity issued by the Public Utilities Commission, covers the movement of such bus over whatever route is reasonably necessary

Page 772

in going to a garage or shop for repair, although not then being operated for the carriage of passengers.

Appeal from Court of Appeals, Delaware County.

On April 10, 1935, Alice I. Mitchell, administratrix of the estate of Verne T. Mitchell, deceased, brought an action in the Court of Common Pleas of Delaware county, Ohio, against Great Eastern Stages, Inc., to recover[140 Ohio St. 138] for wrongful death resulting from negligence in the operation of a bus on January 7, 1934. The trial resulted in a verdict and judgment in favor of the plaintiff against Great Eastern Stages, Inc., in the sum of $10,000.

Pursuant to Section 9510-4, General Code, the plaintiff on May 19, 1938, filed a supplemental petition against American Fidelity & Casualty Company, Inc., grounding the action upon a liability insurance policy which was issued to Great Eastern Stages, Inc., and which the plaintiff claims, covers the loss and damage arising from the decedent's death to the amount of $6,000. Thereafter the plaintiff filed an amended supplemental petition and to this the defendant, American Fidelity & Casualty Co., Inc., filed an amended answer, in which were set up two separate defenses. A general demurrer was filed by the plaintiff raising the question of the sufficiency of each defense. The demurrer was sustained in toto and, such defendant not desiring to plead further, the trial court rendered judgment in favor of plaintiff against the defendant, American Fidelity & Casualty Company, Inc., in the full amount of $6,000, plus interest in the sum of $1189, making a total of $7,189.

The Court of Appeals affirmed the latter judgment and this court allowed a motion to certify the record.

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