Charles Wolff Packing Co. v. Travelers Insurance

Citations

• 94 Kan. 630
• 146 P. 1175
• 1915 Kan. LEXIS 140

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Employer’s Liability Insurance — When Employee is Within Terms of Policy. An employee, engaged in loading dirt to be used in filling up an excavation inside and around the foundation for a new building, and in filling up the grounds of a plant to protect it- from flood, is within the terms of an employer’s liability insurance policy which includes “the work of making ordinary repairs for the preservation of machinery or buildings and the renewal of existing mechanical equipment,” and is not excluded by the terms of the policy, providing that “the employees covered by this policy do not make additions to, alterations in, construct or demolish buildings, structures or plant.”</p> <p>2. Same — When Employee Was Not Within Terms of Policy— Injuries Received While Off the Employer’s Premises. An employee is not within the terms of an employer’s liability insurance policy, when he is injured while working in a city park situated across a street running between the park and the yards of a packing house, when the policy provides that “this agreement shall apply only to such injuries so sustained while within the factories, shops or yards,” of such packing house, “or upon the premises or ways immediately adjoining.”</p>