Smith v. Massachusetts Bonding & Insurance
Supreme Court of North Carolina
Civil actioN, tried before Shdw, Jand a jury, at October Term, 1919, of MeoKlenbueg. Tbe intestate of tbe plaintiff was employed by tbe Southern Power Company, a part of whose business is tbe manufacture and transmission of electricity, and the decedent’s occupation was the supervision of construction work, building tower and pole lines, and maintenance of the same.
Read the full summary
Civil actioN, tried before Shdw, Jand a jury, at October Term, 1919, of MeoKlenbueg. Tbe intestate of tbe plaintiff was employed by tbe Southern Power Company, a part of whose business is tbe manufacture and transmission of electricity, and the decedent’s occupation was the supervision of construction work, building tower and pole lines, and maintenance of the same. The defendant insured him, among other provisions of the policy, against loss of life and the effect of injuries resulting solely from external, violent, and accidental means. The policy contained this clause: “If the assured…
1Opinion of the Court
Walker, J.,
after stating the facts as above: There was no change of occupation by the deceased. He was performing his duty in his occupation as supervisor, foreman, or overseer at the time he was killed, although he may have done one hazardous act not pertaining to that occupation, which caused his death. This has been settled by this Court, and the principle seems to have received the almost uniform approval of the other courts. Hoffman v. Ins. Co., 127 N. C., 338; Miller v. Ins. Co., 168 Mo. App., 330-332; Schmidt v. Am. M. Acc. Asso., 96 Wisc., 304; Fox v. M. F. Acc. Asso., 96 Wisc., 390;…
2Cases cited10 opinions
- Avery v. West Lumber Co.Supreme Court of North Carolina · 1908
- Pacific Mutual Life Insurance v. Van FleetSupreme Court of Colorado · 1910
- Hall v. American Masonic Accident Ass'nWisconsin Supreme Court · 1893
- Miller v. Missouri State Life InsuranceMissouri Court of Appeals · 1913
- Marcus v. Loane.Supreme Court of North Carolina · 1903
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Ocean Accident & Guaranty Corporation v. RubinCourt of Appeals for the Ninth Circuit · 1934
- Ebeling v. Bankers' Casualty Co.Montana Supreme Court · 1921
- Indemnity Ins. v. SloanCourt of Appeals for the Fourth Circuit · 1934
- Elkins v. Ætna Life Ins. Co. of HartfordDistrict Court, S.D. Texas · 1928
- Borovicka v. Bankers Indemnity InsuranceAppellate Court of Illinois · 1937
8 more not listed; retrieve them via the Exa API.