Railway Official & Employees Acc. Ass'n v. Johnson

• Decision Date: 24 October 1900
• Citation: Railway Official & Employees Acc. Ass'n v. Johnson, 58 S.W. 694, 109 Ky. 261 (Ky. Ct. App. 1900)
• Parties: RAILWAY OFFICIAL & EMPLOY[E'S ACC. ASS'N v. JOHNSON.
• Court: Kentucky Court of Appeals

58 S.W. 694

109 Ky. 261

RAILWAY OFFICIAL & EMPLOY[E'S ACC. ASS'N v. JOHNSON.

Court of Appeals of Kentucky.

October 24, 1900

Appeal from circuit court, Hopkins county.

"To be officially reported."

Action by Harriett Johnson against the Railway Official & Employés Accident Association on an accident policy.Judgment for plaintiff, and defendant appeals.Affirmed.

Gordon & Gordon and M. K. Gordon, for appellant.

C.J Waddill, Roy Salmon, and A. Waddill, for appellee.

WHITE J.

This is an action on a policy of insurance.After a demurrer to the petition, as amended, had been overruled, appellant declining to plead further, judgment was rendered for appellee as by default, and hence this appeal.

The petition, as amended, alleges a contract of insurance and death of the insured, which was caused, as is alleged "solely by reason of and through sunstroke while in discharge of his duty as section man and in line of his duty as railroad employé, and that such death was external violent, and accidental, within the meaning of the policy and was covered by its terms."The provisions of the policy bearing on the question read: "The insurance under this policy shall extend only to physical bodily injury resulting in disability or death, as hereinafter expressed and which shall be effected while this contract is in force, solely by reason of and through external, violent, and accidental means, within the terms and conditions of this contract, and which shall independently of all other causes, immediately, wholly, totally, and continuously from the date of the accident causing the injury disable the insured, and prevent him from doing or performing any work, labor, business, or service, or...