Preston v. Ætna Life Ins.

CAMPBELL, District Judge.

The plaintiff brought this action on an accident policy issued by the defendant, for the loss of his right leg. On October 20, 1944, while seated at his desk dictating, the plaintiff removed his right shoe because his foot was sore, and, in attempting to place his feet on his desk, struck the great toe of his right foot on the edge of the desk or of the glass top thereon. The resulting injury, whether it was a bruise or scratch is disputed by the parties, developed into an ulcer which failed to heal, gangrene set in, and on January 6, 1945, within the ninety day…