Person v. Tyson
| Decision Date | 01 March 1939 |
| Docket Number | No. 96.,96. |
| Citation | 215 N.C. 127,1 S.E.2d 367 |
| Court | North Carolina Supreme Court |
| Parties | PERSON. v. TYSON et al. |
Appeal from Superior Court, Edgecombe County; W. J. Bone, Judge.
Personal injury action by Alexander Person against Hubert D. Tyson and the American Fidelity and Casualty Company, Inc. From a judgment sustaining a demurrer of the last-named defendant, plaintiff appeals.
Affirmed.
J. M. Alexander and F. S. Spruill, both of Rocky Mount, for appellant.
Clyde A. Douglass and J. M. Broughton, both of Raleigh, for appellee American Fidelity & Casualty Co., Inc.
The plaintiff brought this action against the defendants to recover damages for an injury alleged to have been sustained through the negligent operation of a taxi-cab by the defendant Hubert D. Tyson, occurring a short distance outside of the corporate limits of the City of Rocky Mount. The defendant, American Fidelity & Casualty Company, Inc., demurred to the complaint as not stating a cause of action, for that on the face of the complaint the alleged injury occurred outside the corporate limits of the City of Rocky Mount, and the insurance policy, out of which liability of defendant is alleged to arise (which was made a part of the complaint), as a matter of law could be made to apply only to an injury received while the taxicab was being operated within the city limits; and because it further appeared that the plaintiff had no cause of action against the defendant at the time this action was instituted, since the policy was one of indemnity only; and that there was a misjoinder of parties. The plaintiff's appeal is from the judgment sustaining the demurrer.
The defendant Tyson was engaged in the business of operating a taxicab for hire in the City of Rocky Mount and adjacent territory. An ordinance of the City of Rocky Mount required that every operator of a "jitney bus or taxicab, or other motor vehicle engaged in the business of transporting passengers for hire over the public streets of the City of Rocky Mount, shall furnish to the City Manager and keep in effect for each such jitney bus, taxicab, or other such motor vehicle so operated, a policy of insurance * * * to insure the payment of damages incurred in any one accident for personal injuries resulting from the negligent operation of said automobile", etc. The ordinance further made it unlawful for any person to operate a motor vehicle for hire within the City of Rocky Mount unless the required policy had been filed. Pursuant to this ordinance, the defendant, American Fidelity & Casualty Company, Inc., issued to Tyson, and filed with the City Manager of the City of Rocky Mount, a policy of insurance, a copy of which is attached to and by reference became a part of the complaint, which policy contained certain restricting provisions as to the purpose for which the motor vehicle was to be operated and the territorial limitations of such operation. These restrictions are contained in "Statement VIII", partly in print and partly in typewriting, and in the paragraph headed "Exclusions" (C).
In filling in the blank spaces provided for the purpose in "Statement VIII", strict...
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