Mattson

An action to ..recover on a policy of insurance issued to Alfred E. Mattson by Maryland Casualty Company, a corporation, which provided that in the event the insured should be accidentally killed while driving an automobile during the period of one year commencing November 1, 1926, insurer would pay to the plaintiff, who was the beneficiary named therein, the sum of $1500.

The policy provided, among other exceptions, that the same should not cover injuries, fatal or nonfatal, suffered by the insured while driving any automobile truck.

The complaint alleges that the insured was accidentally killed on November 9, 1926, while driving an automobile. The answer alleged as a defense that the insured at the time he came to his death was driving an automobile truck. The cause was tried before a jury, and at the close of plaintiff’s case the defendant moved for an order directing a nonsuit, which was granted. The plaintiff has appealed therefrom and from the judgment of dismissal entered thereon.

The evidence adduced by the plaintiff showed that the death of the insured resulted from a collision between the vehicle which he was driving and a telegraph pole; that the insured was employed…