WALKER, J.
This is an appeal from a judgment of one of the district courts of Harris county, sustaining an award of the Industrial Accident Board against appellant in favor of appellees. The trial was to a jury on special issues. On the 10th day of September, 1920, the Houston agents of appellant issued a policy of employers' liability insurance to K. W. Hille to run from September 26, 1920, until September 26, 1921. The declarations on which the policy was issued stated that it was to cover the business of "paper hanging." The declarations also contained the following stipulation:
"This agreement shall apply to such injuries so sustained by reason of the business operations described in said declarations which, for the purpose of this insurance, shall include all operations necessary, incident or appurtenant thereto, or connected therewith, whether such operations are conducted at the work places defined and described in said declarations or elsewhere in connection with, or in relation to, such work places."
And:
"Item 5. This employer is conducting no other business operations at this or any other location not herein disclosed, except as herein stated: `no exceptions.'"
Hille's occupation and business was described in the declarations and in the policy as that of a "paper hanger." The policy contained the following provisions:
"This agreement shall apply to such injuries so sustained by reason of the business operations described in said Declarations which, for the purpose of this insurance, shall include all operations necessary, incident or appurtenant thereto, or connected therewith, whether such operations are conducted at the work places defined and described in said Declarations or elsewhere in connection with, or in relation to, such work places. This agreement shall apply only to such injuries so sustained by reason of accident occurring during the policy period limited and defined as such in Item 2 of said Declaration.
"A. The premium is based upon the entire remuneration earned, during the Policy Period, by all employés of this employer, engaged in the business operations described in said Declarations together with all operations necessary, incident, or appurtenant thereto, or connected therewith whether conducted at such work places or elsewhere in connection therewith or in relation thereto; excepting however the remuneration of the President, any Vice-President, Secretary or Treasurer of this employer, if a corporation, but including the remuneration of any one or more designated officers who are actually performing such duties as are ordinarily undertaken by a superintendent foreman or workman. If any operations as above defined are undertaken by this employer but are not described or rated in said Declarations, this employer agrees to pay the premium thereon, at the time of the final adjustment of the premium in accordance with `Condition C' hereof, at the rates, and in compliance with the rules, of the Manuel of Rates in use by the company upon the date of issue of this policy."
This policy was issued in renewal of a prior policy issued and delivered to Hille by the same agents of appellant, running from the 29th of September, 1919, to the 29th of September, 1920. In connection with both policies, Hille gave his annual payroll as $3,000, which was stated by him to be on his business as a "paper hanger." The following is Hille's testimony as to what he said to appellant's agents when he applied for this insurance:
"I had one policy previous to that from them; I had two policies. I first applied to the Greenfield Insurance Agency for the insurance. That was located in the First National Bank Building. I got the second policy from the same party; it was just renewed. The second policy was mailed to me by the same party that mailed me the first policy; I think it was Greenfield's Insurance Agency. I paid the premium to Greenfield's Insurance Agency on both policies. I did not have any conversation with the Greenfield Insurance Agency when they issued the second policy; I did not have any conversation with them with reference to my business after they issued it. At the beginning of the negotiations for the policy I asked him whether his company carried compensation, and he said, `Yes,' so I told him I wanted to take out compensation insurance. He asked me what my business was, and I told him painting, decorating, and paper hanging. He asked what my pay roll amounted to the previous year, and I told him about $3,000; that is all there was
said, and he issued me the policy. He sent it to my house, and I sent him the money.
"I notified my employees that I had become a subscriber; I received some cards stating that I had complied with the Compensation Laws; the Greenfield Insurance Agency sent me those cards; the name of the Western Indemnity Company was on the cards. I placed the cards so the men could see them, placed them in the tool box, which was always open, where it could not be destroyed, and was visible to any one working for me. Mr. Toennis could have seen the cards."
"At the time I had this conversation with Mr. Greenfield about the character of policy I wanted, he said he would issue the policy. I asked that it cover painting, decorating, and paper hanging. I thought he had issued such a policy. I was ready to pay any additional premium in the event I was liable for any under the terms of this policy."
As to the relation and connection of paper hanging with painting, Hille testified:
"General painting and decorating and paper hanging is all one business, and it is one trade and one line of business. My men interchange, some paint some days and hang paper some days and do interior decorating; they are interchanged."
"A paper hanger usually works inside of a building. I do not know of any buildings that are papered on the outside, up as high as three, four or five stories. On the inside of a building when they paper they put on a kind of paste and then spread the paper down on it. I don't say that is the same kind of work exactly as painting a building with a brush on a scaffold on the outside, but I say it belongs to one trade. A paper hanger is not necessarily a painter, but as a rule they are. A man can be a paper hanger and never have used a paint brush. For a man to be a practical painter requires some experience. Take you, for instance, if you had never painted or used a brush, I wouldn't think you would be a good practical painter when you first took the brush. A man may be a good paper hanger and never do anything but paper hanging, and not know anything about painting; that is true; the paper hanger is not necessarily a painter. It is convenient for a man to know both trades; it is better for him to know both trades, because people who want painting done very frequently want paper hanging done, and for that reason a man who learns how to hang paper also learns how to paint, so he can do more work at the same place. I don't mean by that he cannot paper hang unless he can paint, or cannot paint unless he can paper hang; they are different kinds of work. For instance, a carpenter may know how to build a house, and paint the house and paper the house, but they would be different kinds of work, although one man could do them. Painting is incident to paper hanging in the sense it is convenient to know it in connection with it, but it is not incident to it in the sense that to be a paper hanger you have to be a painter; in other words, you can be just as good a paper hanger and just as perfect and complete a paper hanger without knowing how to paint as by knowing how to paint."
Alfred Pereira, witness for appellees, testified:
"I am a painter and paper hanger. I have been in that business about twelve years or something like that."
"Q. What other business or what other line of work does a paper hanger engage in? A. Why, that is all in one trade, yes, sir; you know, you pick up all together, this paper hanging, painting, and decorating, to learn the trade right, and when you go into the shop to learn the trade it takes three years to learn the trade. I learned all three of them; that is all in the business together.
"I suppose there are people who just learn paper hanging and exclude painting and decorating, but I do not know any of them; I never saw any of them. I could not say whether there are any here who confine their activities solely to paper hanging, but you take in different parts of the state, why they have such as that that don't do anything but hang paper, but I don't know any of them. In my experience all the paper hangers are painters, and when you learn the trade, which takes three years, you learn it all."
"When I say that painters and paper hangers belong to the same trade I mean that a person who is a paper hanger is frequently a painter, or a painter is frequently a paper hanger; that is the way it generally goes in that line of business, but I would not say it is always the case. It is frequently the case that a painter is only a painter, and on the other hand it is frequently the case a paper hanger is only a paper hanger.
"Paper hanging and painting is the same trade. I learned it all in one trade, and there is one association usually of painters and paper hangers; it is not an association of paper hangers, an association of painters and an association of interior decorators; it...
