Continental Life Ins. Co. v. Newman

Appellee was plaintiff against an.insurance company as defendant in the circuit court, suing on an accident insurance policy against accidental injuries while he was “traveling as a fare-paying passenger” in a passenger car. Appellee was riding in the mail car, and was on duty as United States postal clerk at the time. Plaintiff recovered in the circuit court, and the Court of Appeals affirmed the judgment. The inquiry involves two distinct questions: (1) Whether he was a fare-paying passenger; and (2) whether he was in a passenger car. This court, as pointed out in the opinion of the Court…