Fox v. Order of United Commercial Travelers of America, Etc

HOLMES, Circuit Judge.

This action was brought by appellant, the wife of insured, against appellee, a fraternal benefit society, upon a certificate of insurance on the life of her husband, who came to his death from a gun-shot wound while he was sitting in a chair in the living room of their home. At his feet were the gun, tackle box, and a fishing lure with four hooks on it, which he had assembled in preparation for a fishing trip.

It was on the morning of June 9, 1950 between 5:30 and 6:00 o’clock, that the insured came to his death. He and his wife had spent the night at their home, and the…