Schmiedeke v. Travelers Ins.

ATWELL, District Judge.

The plaintiff claims, in a suit on an accident policy issued by the defendant, that the insured deceased, died an accidental death by asphyxiation; the gas being monoxide.

The defendant pleads that portion of the policy which is as follows: “The company shall have * * * the right and opportunity to make an autopsy in case of death, where it is not forbidden by law,” and that' an autopsy was demanded by it before the burial, of deceased, and, denied by the plaintiff.

The plaintiff moves to strike that part of the answer.

The supreme court of Texas, in the case of Polk…