Mutual Benefit Health & Accident Ass'n v. Bowman

GARDNER, Circuit Judge.

Appellee brought this action against appellant to recover on an accident insurance policy for the accidental death of her husband, Frank D. Bowman, the insured, appellee being the beneficiary named in the policy. A jury was waived and the evidentiary facts were stipulated. Upon the facts so stipulated, the court rendered judgment in favor of the appellee for $3,126.58, from which judgment this appeal is prosecuted. The parties will be referred to as they appeared in the lower court.

The case is before us for the second time. On the appeal as originally presented, we…