Bennetts v. Occidental Life Insurance

THOMAS, J.

This is an action brought by plaintiff against defendant to recover the sum of two thousand ($2,000) dollars upon an accident insurance policy. Defendant issued the policy set forth in the complaint, by the terms of which it insures William J. Bennetts against “death or disability, while sane, and resulting directly and independently of all other causes from bodily injuries, effected through external, violent and accidental means.” The policy was issued on the twenty-sixth day of June, 1909, to be in force for a period of twelve months from said date. The insured died on August 11, 1909.

The ground upon which this action was brought was that the death of the insured “resulted directly and independently of all other causes from bodily injuries, effected through external, violent, and accidental means.” This contention was denied by defendant. There were two other defenses interposed by defendant, but as no evidence was offered in support thereof, they are immaterial here.

The case was tried by the court without a jury. The court found “that the death of said William J. Bennetts did not result directly and independently of all other causes from bodily injuries effected through external, violent and accidental means”; and further found that the death of said William J. Bennetts did not result from “external means

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. . . violent means,” or “accidental means,” and judgment went for defendant accordingly. This appeal is from the order granting a new trial.

On the day of the alleged accident it appears without conflict that the said insured was assisting one M. B. Craig in pulling out of a sump-hole a swing-pipe, which had gotten clogged therein. The said insured took hold of the pipe a little ahead of the place .where said Craig had hold thereof, and with said Craig pulled on it. The said Craig cautioned him to pull slowly, and told him that the pipe “would have to come slow.” While so engaged both men were leaning in front of a rail, pulling, and while so doing Craig heard the insured “give a kind of a grunt, but didn’t say anything then.” Then they continued to pull, and, in the language of Craig, “pulled it out easily.” That night, or the next morning, the insured was taken ill. From this illness, regardless of the cause, he never recovered, his death occurring on August 11, 1909.