Erickson v. Order of United Commercial Travelers

The opinion of the court was delivered by

Johnston, C. J.:

This is an action to recover on an accident insurance contract, in which the plaintiff prevailed.

The policy was issued by the defendant on May 16, 1907, and was continued in force by the payments of dues and assessments until September 13,1913, when the plaintiff was injured while pitching in a game of baseball. While the injury resulted in some pain at the time, it largely passed away and gave him little trouble until the last days of February following, when the pain became more severe, and upon an examination *832by a physician he…