Swanson

On February 26, 1922, Charles J. Swanson met his death while attempting to raise a barrel of lubricating oil from the floor of the basement of his store to a standard or cradle by means of an electrical freight elevator, in order that oil might be drawn therefrom. At the time of his death he held an accident insurance policy for the sum of $5,000, payable to his wife within 60 days after proof of death resulting from injuries effected through accidental means. Swanson was insured as a merchant, and the policy provided, among other things, that if he was injured after having changed his occupation to one classified by the company as more hazardous than that stated in the policy, or while he was doing any act or thing pertaining to any occupation so classified, except ordinary duties about his residence or while engaged in recreation, the company would pay only such portion of the indemnities provided in the policy as the premium paid would have purchased at the rate and within the limits fixed by the company for such more hazardous occupation.

The present action .was brought upon the policy. The answer of the insurance company averred, among other things, that at the time the…