Smith v. Harmonia Fire Ins. Co., Buffalo, N.Y.

The opinion of the Court was delivered by

Mr. Justice Baker.

This action was instituted by the respondent to recover of fhe appellant under the terms of a certain policy of automobile insurance, which policy specifically excluded respondent’s right to such recovery if the accident occurred while the automobile was being used as a public livery conveyance for carrying passengers for compensation.

It is not in dispute that respondent’s automobile, insured as above stated, was in an accident and badly damaged, and that at the time of the accident the automobile was carrying a transfer or taxi…