Pennsylvania Threshermen & Farmers' Mutual Casualty Insurance v. Messenger

29 A.2d 653, 181 Md. 295, 1943 Md. LEXIS 122
CourtCourt of Appeals of Maryland
DecidedJanuary 12, 1943
Docket[No. 12, October Term, 1942.]
StatusPublished
Cited by88 cases

This text of 29 A.2d 653 (Pennsylvania Threshermen & Farmers' Mutual Casualty Insurance v. Messenger) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pennsylvania Threshermen & Farmers' Mutual Casualty Insurance v. Messenger, 29 A.2d 653, 181 Md. 295, 1943 Md. LEXIS 122 (Md. 1943).

Opinion

Delaplaine, J.,

delivered the opinion of the Court.

Pennsylvania Threshermen & Farmers’ Mutual Casualty Insurance Company, appellant, issued a liability insurance policy in 1939 to Robert W. Messenger, a produce hauler of Salisbury, appellee, insuring him against legal liability for bodily injuries or death up to §5,000 for one person and up to 810,000 for one accident, and against legal liability up to 85,000 for damage to property of others, caused by the operation of his Diesel motor truck and Trailmobile trailer while within a radius of 500 miles from Salisbury.

On March 14, 1940, during the life of the policy, the insured, while operating his motor truck in Yamassee, South Carolina, struck and damaged a filling station. The owners of the building attached his vehicles and recovered judgment against him for §1,267.80 for damages and 8228.65 for storage and costs. The insurance company, while it had agreed to defend all suits brought against the insured on claims covered by the policy, refused to defenda the attachment suit and to pay the judgment, claiming that Yamassee is not within a radius of 500 miles from Salisbury. Upon execution of the judgment, the Sheriff of Hampton County, South Carolina, sold the truck and trailer at auction for §537. After paying the storage charges and costs of suit from the proceeds of sale, the Sheriff paid the remainder upon the judgment.

The insured thereupon brought the instant suit in the *298 Circuit Court for Wicomico County, alleging that he had lost his damaged truck and trailer as the result of breach of contract by the company. He claimed the sum of $1,420 for the loss of the truck and $200 for the loss of the trailer. The jury awarded him a verdict for $1,500. This appeal is from the judgment entered upon the verdict.

The appellant contends that no competent evidence was produced at the trial to show that Yamassee is within a radius of 500 miles from Salisbury. It appears from the record, however, that Dr. Lloyd Straughn, professor of science in the State Teachers College at Salisbury, testified that he had computed the distance between Salisbury and Yamassee to be exactly 490.37 miles. Dr. Straughn, who received the degree of doctor of philosophy at the Johns Hopkins University, explained that in his study of trigonometry he learned how to measure distances on the earth’s surface, and that he can compute the distance between two towns if he knows their latitude and longitude. He ascertained the latitude and longitude of Salisbury and Yamassee from maps of the United States Geodetic Survey. It is obvious that he was qualified to testify as an expert on the subject. The appellant’s objection is that the Geodetic Survey maps were not produced at the trial. It is a familiar rule of. evidence that a witness, in order to qualify as an expert, should have such special knowledge of the subject on which he is to testify that he can give the jury assistance in solving a problem for which their equipment of average knowledge is inadequate. It is sufficient if the court is satisfied that the expert has in some way gained such experience in the matter as would entitle his evidence to credit. Wilson v. State, 181 Md. 1, 26 A. 2d 770, 773. It is not a ground for excluding the testimony of an expert that he bases his statements in whole or in part upon what he has read, provided that his reading can be assumed to constitute part of his general knowledge adequate to enable him to form a reasonable opinion of his own. A witness is qualified to testify as an expert when he exhibits such a degree of knowledge as to make it appear that his opinion is of some value, whether such *299 knowledge has been gained from observation or experience, standard books, maps of recognized authority, or any other reliable sources. The knowledge of an expert in any science or art would be extremely limited if it extended no further than inferences from happenings within his own experience. His testimony is admitted because it is based on his special knowledge derived not only from his own experience, but also from the experiments and reasoning of others, communicated by personal association or through books or other sources. Consolidated Gas Co. v. City of Baltimore, 105 Md. 43, 55, 65 A. 628, 632, 121 Am. St. Rep. 553; Perkins v. United States, 228 F. 408, 419. In the case at bar Dr. Straughn explained the source of his information and the method by which he computed the distance. His testimony was admissible, even though no maps or other records of the Geodetic Survey were produced at the trial.

The appellant also complains of the trial court’s construction of the word “radius.” A radius, as defined in geometry, is a straight line extending from the center of a circle or sphere to its circumference or surface. In common usage the word “radius” ordinarily signifies a distance or circular limit defined by a radius of specified length. It has been held that where a contract defines a territory as being within a radius of a certain number of miles from a certain place, the natural presumption is that the parties intended the outmost limits of the territory to be at equal distance from that place in every direction. Cook v. Johnson, 47 Conn. 175, 36 Am. Rep. 64; 36 Words and Phrases, Perm. Ed., p. 8. Of course, it may sometimes be necessary to deviate from the usual construction of the term on account of the context. For illustration, in a case where the vendors of a store in the City of Philadelphia agreed not to engage in similar business “within a radius of five city blocks” from the store, the Pennsylvania Supreme Court found that it was necessary to construe the contract by counting five blocks in the nearest traveled way. Kunin v. *300 Weller, 296 Pa. 161, 145 A. 719. In a later case, however, where a physician agreed not to practice medicine “within a radius of fifteen miles” from a certain borough in Pennsylvania, the court refused to construe the contract to mean the nearest traveled road, because it was possible to compute the distance in the usual ■ way by direct line. The court said in that case: “If the defendant * * * intended to describe a district irregular in shape and extent, as dependent on accessibility by public roads, he should have said so. Such a boundary would necessarily have elements of uncertainty, as there might be dispute about which of several was the nearest traveled public way.” Johnson v. McIntyre, 309 Pa. 191, 163 A. 290, 291. The reasoning of that decision applies with special force in the present case, where the radius extends for a distance of 500 miles. The language employed to define the territory in which the policy is applicable is simple and unambiguous. The ordinary meaning of the word “radius” is not varied by the context, and the natural construction can be readily and definitely applied. We therefore construe the word “radius” according to its usual meaning, making the policy applicable with 500 miles by direct line from Salisbury, rather than by the nearest traveled road.

The final controversy concerns the amount of damages allowable to the insured.

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Bluebook (online)
29 A.2d 653, 181 Md. 295, 1943 Md. LEXIS 122, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pennsylvania-threshermen-farmers-mutual-casualty-insurance-v-messenger-md-1943.