McKinley v. Bankers' Acc. Ins. Co. of Des Moines

• Citation: 106 Iowa 81,75 N.W. 670
• Parties: MCKINLEY v. BANKERS' ACC. INS. CO. OF DES MOINES.
• Decision Date: 27 May 1898
• Court: United States State Supreme Court of Iowa

106 Iowa 81

75 N.W. 670

MCKINLEY

v.BANKERS' ACC. INS. CO. OF DES MOINES.

Supreme Court of Iowa.

May 27, 1898.

Appeal from district court, Louisa county; W. S. Withrow, Judge.

Action upon a policy of insurance by the defendant to the plaintiff, insuring him against the effects of personal bodily injuries caused solely by external, violent, or accidental means. Verdict and judgment were rendered in favor of the plaintiff for $200. Defendant appeals. Affirmed conditionally.H. O. Weaver and N. T. Guernsey, for appellant.

Fred Courts, for appellee.

GIVEN, J.

1. The policy insured the plaintiff against the effects of personal bodily injuries, caused solely by external, violent, or accidental means. The policy provides that it should not cover the insured while engaged in the physical labor of handling heavy hardware, stoves, or any kind of machinery. The plaintiff testified that he was engaged in the hardware and implement business; that he went into the country to the farm of a Mr. Wheeler, to put a pump in order that was out of repair; and, as to the cause and manner of the injury, testifies as follows: “I went out, and took the pump out, and took the casing out of the well (the tubing, we call it), and fixed the pump, and was putting the tubing back in the well again (the gas-pipe; we call it tubing). And we had perhaps two or three lengths of the pipe down,--sixteen or eighteen feet long,--and there were two men holding it with a chain, and I was down in the well with a clamp; and I would loosen up the clamp, and let it slide down, and then catch it; and, as they started a piece down, the chain slipped, and it caught these two fingers between the chain and the clamp. The flesh was all torn off of these fingers, and this finger was cut clean up here on the left hand, and the thumb was cut on the left hand, and this finger never got well yet, and is numb. As soon as I was hurt, I got right up out of the well, and untied my horse, and got into the buggy, and came home, and went to the doctor's, and had it dressed. I went to Dr. Allen. I notified the company about the second day after the injury. I was under the doctor's treatment for about eight weeks before he quit treating me.” Appellant's contention is that the injury was received while appellee was engaged in the physical labor of handling heavy hardware and machinery, while appellee contends that he was not so engaged. Considerable testimony was taken as to whether the piping and appliances with which plaintiff was...