66 Neb. 493 | Neb. | 1902
This action was brought on an accident insurance policy issued to the plaintiff by the defendant. Defendant is a mutual concern, and the members are classified according to the hazard of their occupations. The plaintiff was classified as the proprietor of a boarding house, and belonged to “class one,” whose members were entitled to an indemnity of $2,500 for the loss of a hand, while those of class 6 were entitled to but $500 for such injury. The by-laws of the defendant, which are part of the contract of insurance, provide, among other things, as follows: “Nor shall any greater amount be paid to any member or his beneficiary than the amount named in class 6 for or on account of any injury received by any member while hunting, or while in any way using or handling loaded firearms.” At a time when the policy was in force the plaintiff undertook to carry a loaded gun in his hands, from the dining-room, where it had been left by one of his boarders, to a closet in an adjoining room. While doing so, the gun was discharged, destroying his hand. As proprietor of a boarding house, he was entitled, under his policy, to an indemnity of $2,500, unless the act in which he was engaged at the time of the injury was handling firearms1, within the meaning of the clause of the by-laws here-inbefore quoted, in which case he would be entitled to but $500. The trial court held that the act of removing the loaded gun from the dining-room was handling firearms, within the meaning of said clause, and directed a verdict in favor of the plaintiff for $500, with interest. Judgment accordingly. The plaintiff brings error.
The sole question in this case is whether the plaintiff at the time he received the injury was in any way handling firearms, within the meaning of the qualifying clause of the by-laws; and this question depends upon the meaning to be given to the word “handling,” as therein used. The plaintiff argues that the phrase “in any way,” which precedes the word in the qualifying clause, does not enlarge
It is also contended by the plaintiff that the injury was received while he was in the ordinary course of his occupation as a boarding-house keeper. We are unable to see how that affects the case. There was no unqualified promise to indemnify him against accidents occurring while he was engaged in such occupation, nor to pay him $2,500 for the loss of a hand resulting from such accident. On the contrary, the by-laws specifically excepted certain acts, among Avhich was that in which the plaintiff was engaged when the injury occurred. For the injury resulting to the plaintiff while engaged in such act, the promise of the defendant was to pay him $500.
The judgment of the district court is the full measure
By the Court: For the reasons stated in the foregoing-opinion, the judgment of the district court is
Affirmed.