Hesse v. Traveler's Ins. Co.

Dissenting Opinion bt

Me. Justice Feazee :

Plaintiff sued to recover from defendant the amount of an accident insurance policy insuring her husband against “bodily injuries effected directly and independently of all other causes, through external, violent and accidental means.” A compulsory nonsuit was entered by the trial judge at the close of plaintiff’s case, and the present appeal was taken from the refusal of the court below to take it off.

Deceased was suffering from a diseased kidney, and after several acute attacks a medical examination was made, during which the presence of a kidney…