124 Mo. App. 38 | Mo. Ct. App. | 1907
This is a suit on an accident insurance policy. Plaintiff was insured as a locomotive fire
During the life of the policy, on November 27,1902, the plaintiff, while firing a locomotive engine, accidentally struck his left knee against the deck of the engine whereby it was somewhat bruised and sprained. At the time of the accident plaintiff was in Missouri about twenty-five miles from Argentine, Kansas, the end oif his “run.” H e continued to fire his engine to Argentine and when he got there his knee was stiff and swollen, and he consulted a surgeon, who applied a bandage. He thought ■his injury of little moment and that he would be disabled ■for a few days only. With no intention of making any claim under his policy he quit his work and had his knee treated by the doctor. By the fifth of December he thought he had so far recovered as to be able to again go to work, and on December 5, 1902, he resumed the performance of his duties as a locomotive fireman. After working his knee again began to give him trouble and gradually grew worse until about the third of January, ■1903, when he was again compelled to quit work. By that time the knee was badly swollen, sore and stiff, and plaintiff unable to walk. The evidence shows that from January 3, 1903, to the time of the trial he was wholly disabled and that he is crippled for life.
The defendant insists that the disability not having
It is next claimed that there was no notice given Avithin the time required by the policy. The provision as to notice is as follows: “A written notice of any accident on which a claim may be based, given by the insured, his legal representative or beneficiary, and received by the company in Chicago within fifteen days from the date of the accident, together with such further proofs as may be required by the company, are conditions precedent to a recovery hereunder.” What Ave have written practically determines the sufficiency of the notice. As already stated, the injury to plaintiff, for which defendant was to indemnify him, was loss of time. The loss of time for AArhich he claims did not begin
It is finally insisted that the plaintiff’s disability came, at least in part, from his diseased condition. It is enough to say of this that the trial court gave defendant the full benefit of that view in instructions, and the jury on evidence tending to support the verdict, found the facts against it.
The judgment must be affirmed.