(dissenting).
I agree with the Chief Justice that the words of an insurance policy must be given the plain meaning they ordinarily convey to the popular mind, but I have difficulty in finding that his interpretation of the word “employee” gives effect to the intention of the parties to the contract.1 I think it is significant that the word “employee” is here included among four classes of persons who may be connected with the insured corporation, namely, “any partner, employee, director or stockholder.” Partners, directors, and stockholders have definite and *545specific legal relationships with the company, with clearly defined rights and duties, and a substantial and continuing connection with the company’s affairs. The fact “employee” is blanketed into this group in my opinion indicates an intent to define a status which is somewhat less nebulous than that of a person who, as a courtesy to an old friend, agrees to see him off at the airport on a trip to Hawaii via a convention at Las Vegas, and consents to return to the owner’s garage a car which the company officer was using. This is not the concept of “employee” which I believe first springs to the popular mind.
In Frankle v. Twedt, 234 Minn. 42, 47 N. W. (2d) 482, there was quid pro quo for the driver’s use of the car, and the problem to be resolved did not involve the construction of a written contract. That decision simply drew the line beyond which the court refused to immunize a bailor from the contributory negligence of his bailee.
I feel the meaning of the word “employee” should not be distorted to effect a purpose which the laymen who entered the contract quite obviously did not intend. There is nothing in the word “employee” which in itself creates an ambiguity. What was said in State ex rel. Gorczyca v. City of Minneapolis, 174 Minn. 594, 219 N. W. 924, is more persuasive to me than the reasoning of cases which merely reach for a construction that will hold the insurance company liable. In that case we stated (174 Minn. 596, 219 N. W. 925):
“The term ‘employe’ is defined in the dictionaries as one employed by another; a clerk or workman in the service of an employer. The term has been defined as one who works for a salary or wages. * * * The word implies continuity of service, regular and continual service.”
However, in finding there was coverage under a clause which excluded “employees” from a liability insurance policy, the Kansas court has held that a decedent, who had consented to tow defendant’s truck when he was killed, was performing an occasional, incidental, casual, and neighborly act, and was not an employee in so doing. Bean v. Gibbens, 175 Kan. 639, 265 P. (2d) 1023. In my opinion, this precisely describes Mr. Kneeland’s situation at the time of his accident. See, also, Braley Motor Co. v. Northwest Cas. Co. 184 *546Wash. 47, 49 P. (2d) 911. Recently Judge Nordbye had occasion to construe the word “employee” in a policy similar to the one here under consideration. White v. Gifis (D. Minn.) 172 F. Supp. 296, 298. He there stated:
“* * * It is true that the Minnesota Supreme Court has found in various instances that the master and servant relationship was present where control or the right to control as a practical matter was slight. Frankle v. Twedt, 1951, 234 Minn. 42, 47 N. W. 2d 482; Tschida v. Dorle, 1952, 235 Minn. 461, 51 N. W. 2d 561. However, we are dealing with the term ‘employee’ as used in an insurance contract and the words of an insurance contract must generally be given the meaning that they ordinarily convey to the popular mind.”
The court then held that under an insurance policy which excluded employees, a person who drove a car from Minnesota to California was not an employee of the owner under an arrangement which simply permitted the owner to have his vehicle transported without cost and the driver to secure an economical ride to the west coast.
In the absence of any clear-cut authority to the contrary, I am of the opinion the word “employee” should be construed in the sense in which it is usually understood in the business world, and that the decision of the lower court should therefore be reversed.
Nelson, Justice (dissenting).I concur in the dissent of Mr. Justice Otis.
Rogosheske, Justice (dissenting).I concur in the dissent of Mr. Justice Otis.
Bobich v. Oja, 258 Minn. 287, 294, 104 N. W. (2d) 19, 24.