Iowa. Supreme Court
Published: 2013-09
Total Pages: 1182
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 edition. Excerpt: ...for such injury. A clause of the by-laws, which were a part of the contract of insurance, provided that no greater amount should be paid any member than the amount payable to the latter class for any injury received while hunting, or in any way using or handling firearms. The plaintiff lost his hand by the discharge of a gun which he was removing from one room of his house, where it was left by one of his boarders, to another. Held, that his recovery was limited to, $1500. (Syllabus by the Court.) Commissioners' opinion. Department No. 3. Error to district court, Lancaster county; Frost, Judge. Action by Thomas J. Doody against the National Masonic Accident Association. There was judgment for plaintiff for part of his demand, and he brings error. Affirmed. Tlbbets Bros, and Morey & Anderson, for plaintiff in error. F. M. Hall and C. C. Marlay, for defendant In error. ALBERT, C. 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 occupa Rehearlng denied February 4, 1903. tlons. Tbe plaintiff was classified as Mm proprietor ct a boarding house, and belonged to class 1, whose members were entitled to an Indemnity of $2,500 for the loss of a band, 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 C for or on account of any injury received by any member while hunting, or while in any way using or handling loaded firearms." At the time when the policy was in force...