Southern Travelers' Ass'n v. Shattuck

EEV3T, J.

(after stating the facts as above). The appellee offered in evidence, as constituting the contract of insurance, the benefit certificate and the by-laws of the association. Section 5, art. 3, of the by-laws, reads:

“This association shall not be liable when death or disability is caused wholly or in part by * ⅜ ⅜ gunshot wounds or the alleged accidental discharge of firearms when there is no eyewitness except the member himself.”

It was conclusively shown that the death of the insured resulted from the discharge of firearms in the absence of eyewitnesses. Whether or not the discharge…