Continental Life Ins. Co. v. Turnbough

• Citation: 117 So. 334,151 Miss. 43
• Decision Date: 28 May 1928
• Docket Number: 27210
• Court: Mississippi Supreme Court
• Parties: CONTINENTAL LIFE INS. CO. v. TURNBOUGH. [*]

117 So. 334

151 Miss. 43

CONTINENTAL LIFE INS. CO. v. TURNBOUGH. ^[*]

No. 27210

Supreme Court of Mississippi

May 28, 1928

Division A

INSURANCE. Insured directing servants when struck by automobile in public highway cannot recover under accident policy excluding injuries while working in public highway; "work."

Insured engaged in his usual avocation and directing his servants while in public highway, when struck by automobile, could not recover under accident policy excluding injuries sustained while working in public highway, because he was working in street at time of injury, since word "work" has more comprehensive meaning than term "labor," and means exerting one's self for purpose, to put forth effort for attainment of an object, to be engaged in performance of a task, duty, or the like, and covers all forms of physical or mental exertions, or both combined for attainment of some specific object other than recreation or amusement (citing Words and Phrases, Second Series "Work").

HON. E J. SIMMONS, Judge.

APPEAL from circuit court of Lincoln county, HON. E. J. SIMMONS Judge.

Action instituted in a justice of the peace court by Walter D. Turnbough against the Continental Life Insurance Company. Plaintiff recovered judgment, and on appeal to the circuit court, plaintiff again recovered judgment, and defendant appeals. Reversed and rendered.

Judgment reversed.

Brady, Dean & Hobbs, for appellant.

A. A. Cohn, for appellee.

Argued orally by W. W. Hobbs, for appellant.

OPINION

MCGOWEN, J.

In the justice of the peace court Walter D. Turnbough, plaintiff below, appellee here, sued the Continental Life Insurance Company, defendant below, appellant here, for seventy-five dollars, on account of injuries received in an accident wherein appellee claimed he was knocked down by an automobile while standing or walking on a public highway. There was a judgment for the plaintiff in the justice of the peace court, and an appeal to the circuit court, where the plaintiff recovered judgment, and appeal is prosecuted to this court and many errors are assigned.

It clearly appears from the evidence of the plaintiff that he contends that an automobile standing still turned over on him while he was in the public highway and caused his injuries.

The material part of the policy is as follows:

"Continental Life Insurance Company, Saint Louis, Missouri, a Stock Company.

"No. 17025 CA. Issued through Arrangement with the Commercial Appeal.

"This policy provides indemnity for loss of life, limb, sight or time by accidental means, to the extent herein limited and provided:

"Travel and Pedestrian Accident Policy, NA. 308.

"In consideration of the premium paid by the insured and subject to the terms, conditions and limitations hereinafter contained, the Continental Life Insurance Company, hereinafter called the company, does hereby insure Walter D. Turnbough, hereinafter called the insured, for a term of twelve (12) months from date hereof, beginning and ending at twelve o'clock noon, standard time of the place where the insured resides, against death or disability resulting directly, independently and exclusively of all other causes from bodily injuries effected solely through external, violent and accidental means and sustained by the insured in the manner following: . . .

"Part three:

"(A) By being struck or knocked down or run over while walking or standing in or on a public highway, by any automobile or any vehicle propelled by steam, cable, electricity, naphtha, gasoline, horse, compressed air or liquid power (excluding injuries sustained while working in a public highway, or while on a railroad right of way). . . .

"Part four:

. . . .

"(B) If the insured shall, during the terms of one year from the beginning of the insurance covering such insured, as provided herein, by the means and under the conditions recited in part three be immediately and wholly disabled and prevented by injuries so received from performing any and every duty pertaining to any and every kind of business or occupation the...