13 S.E.2d 715 | Ga. Ct. App. | 1941
1. The death of an insured, caused by inhaling poisonous gas accidentally, unintentionally, and involuntarily, is within the exception in a policy of insurance for double indemnity, which provides that the additional sum shall not be payable "if the insured's death results . . from the taking of poison or the inhaling of gas, whether voluntary or otherwise." The petition which alleged that the insured's death resulted from the accidental, unintentional, and involuntary inhaling of poisonous gas on the premises of his employer, while about to enter upon his duties as a laborer, did not, under the policy of insurance containing the exemption clause just mentioned, set forth a cause of action, and the court did not err in sustaining the defendant's general demurrer.
2. Because of the above ruling, it is unnecessary to pass on the assignment of error in the cross-bill of exceptions.
1. The sole issue is as to the construction to be placed upon the words "or otherwise" following the word "voluntary" in the concluding portion of the clause last quoted; the plaintiff contending that the expression should by the court be given an ejusdem generis interpretation, that is, the words should be taken in a meaning *592 kindred or similar to the word "voluntary," and that the company should not be held exempt from liability unless the act of the insured was a conscious, intentional, and voluntary one; that if not so interpreted by the court the words should be treated as ambiguous, and in that event their meaning should be determined by a jury; and that it was error to sustain the general demurrer.
Without discussing the cases from other jurisdictions, cited and relied on by the respective counsel in their briefs, it is sufficient to say that the present issue is controlled by Liberty National LifeInsurance Co. v. Kirk,
2. Because of the above ruling, it is unnecessary to pass on the assignment of error in the cross-bill of exceptions.
Judgment affirmed on the main bill of exceptions;cross-bill dismissed. Stephens, P. J., and Felton, J.,concur.