Thomas v. Liberty Life Insurance

*176The opinion of the court was delivered by

Dawson, J.:

This was an action to recover on a group insurance policy issued by defendant to the Lincoln Coal Company of Pleasanton indemnifying its employees for accidents suffered by them in the service of the coal company.

Plaintiff’s petition alleged that he was one of the coal company’s employees protected by the policy, and that on February 27, 1928, he suffered a hernia while lifting a car of rock on the dump of his employer’s coal mine.

Defendant denied liability on the ground that plaintiff was not one of the employees of the coal company…