Diseker v. Equitable Life Assurance Society of the United States
Diseker v. Equitable Life Assurance Society of the United States
Opinion of the Court
The opinion of the Court was delivered by
On September the 14th, 1905 the defendant issued an insurance policy for one thousand dollars on the life of William H. Diseker and payable L> plaintiff, his mother, as beneficiary. Within less than a year thereafter, on September 6th, 1906, William H. Diseker died and this action was brought to recover upon the policy. Defendant made defense,, among other things, that the policy was void because the deceased within one year from the date of the policy engaged in service upon a railroad train as fireman on one of the engines on the Southern Railway, and engaged in switching cars for the Southern Railway and came to his death while so engaged.
The policy contains this provision :
3. “Occupation, Residence and Travel. — There are no restrictions under this policy upon travel, residence, occupation, military or naval service, excepting for one year from its date of issue, during which time travel or residence in Mexico or the Torrid Zone, or engagement, occupation or employment in blasting, mining, submarine labor, aeronautic ascensions, the manufacture, handling or transporation of inflammable or explosive substances, service upon railroad trains, or in switching or coupling cars, or on any steamboat or vessel, will render this policy void, and excepting military or naval service in war, which is at all times subject to and permitted only in accordance with the provisions of Section 3, on the third page hereof.”
It is undisputed that for several months immediately preceding his death the insured acted as fireman on one of the switching engines of the Southern Railway which was used in the switching of cars, and at the time of his death he was' acting as fireman on a switching engine operating within the railroad yards in the city of Charleston, S. C., which had just placed several cars upon a side track and was returning without any car attached to another track, when the insured’s *189 head came in contact with a car standing on a side trade, which caused his death.
Judge Klugh directed a verdict for defendant on the ground that the insured was engaged as a member of the switch engine crew and in the general service of switching at the time he met his death, and that this amounted to a forfeiture of the policy.
The matter fell within the range of common experience and observation, and was perfectly intelligible without the aid of opinion. Fitzgerald v. Mfg. Co., 74 S. C. 235. 54 S. E. 373.
The judgment of the Circuit Court is affirmed.
Reference
- Full Case Name
- Diseker v. Equitable Life Assurance Society of the United States.
- Status
- Published
- Syllabus
- 1. Expert evidence is not admissible to show that service on a yard switching engine could not be considered service in switching cars. 2. Insurance — Railroads.—Acting as fireman on a switching engine in a railroad yard is within the inhibition of an insurance policy not to engage in the “service of switching cars.”