#### Margaret Ward, Plaintiff in Error, v. The North American Accident Insurance Company, Defendant in Error.

Gen. No. 17,797.

(Not to he reported in full.)

Error to the Circuit Court of Cook county; the Hon. Mazzini Slubber, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1911.

Affirmed.

Opinion filed October 14, 1913.

Statement of the Case.

Action by Margaret .Ward against The North American Accident Insurance Company, a corporation, to recover on a policy of accident insurance. From a judgment sustaining a demurrer to plaintiff’s declaration, plaintiff brings error.

*318Abstract of the Decision.

1. Insurance, § 410 * —rislcs covered by accident policy. An accident policy insuring against injuries while riding as a passenger in a conveyance provided by a common carrier, held not to cover risk of injury to a switchman while riding on the platform of a passenger coach in the discharge of his duties.

2. Insurance, § 572*—when declaration in suit on accident policy is demurrable. Where it appears from the declaration that the policy set out therein was not in force at the time of the injuries, an averment that the policy was in force at the time of the accident is a mere conclusion of the pleader, and declaration is demurrable.

3. Insurance, § 577*—when averments of waiver of terms of policy, insufficient. An averment in a declaration that the agent taking the application for insurance knew that the applicant was an employe of a common carrier does not impose a liability upon the insurer contrary to the terms of the policy.

P. S. Webster and Spencer Ward, for plaintiff in error.

Edward St. Clair, for defendant in error.

*

See Illinois Notes Digest, Vols. XI to XIV, same topic and section number.

Mr. Presiding Justice F. A. Smith

delivered the opinion of the court.