Nelson v. Business Men's Assur. Co.

KERNER, Circuit Judge.

Plaintiff, as the named beneficiary, sued the defendant on an accident insurance policy on the life of William John Nelson. There was a trial before a jury. At the conclusion of all the evidence the court instructed the jury to return a verdict against the plaintiff, and judgment was entered thereon. To reverse the judgment, plaintiff appealed.

The policy insured the deceased against loss resulting solely from bodily injuries effected directly and independently of all other causes through accidental means.

The evidence discloses, without contradiction, that prior to May…