Ivey v. United National Indemnity Company

259 F.2d 205 Everett D. IVEY, Appellant, v. UNITED NATIONAL INDEMNITY COMPANY, a corporation, National Fire Insurance Company of Hartford, Connecticut, a corporation, and Trans-Continental Insurance Company, a corporation, Appellees. No. 15601. United States Court of Appeals Ninth Circuit. September 9, 1958. Alexander, Bacon & Mundhenk, W. C. Bacon, Herbert Chamberlin, San Francisco, Cal., for appellant. Boyd & Taylor, M. K. Taylor, Frederic G. Nave, San Francisco, Cal., for appellees. Before HEALY, POPE and HAMLEY, Circuit Judges. POPE, Circuit Judge. 1 The appellant Ivey is a physician and surgeon practicing his profession at Oakland, California. In 1946, and the years following, he purchased tracts of land in Colusa County, California, which he proceeded to develop as locations for duck hunting. He installed gates and other means for controlling the water which he collected on the land and constructed duck blinds and bunk sheds for the use of hunters. This started as a hobby, but by 1953 it had become a business enterprise as he was then charging for the privilege of shooting on his land. He was the sole owner of this business enterprise. 2 Prior to 1953 Dr. Ivey had…