Mutual Life Ins. Co. of New York v. Sargent

HUTCHESON, Circuit Judge.

This appeal is from a verdict and judgment in favor of appellee, plaintiff below, in a suit upon a policy providing double indemnity for death effected solely through external, violent, and accidental means.

At the close of the evidence, appellant, defendant below, moved for an instructed verdict on the ground that the evidence did not permit of any other conclusion than that, though deceased came to his' death through external and violent means, yet the death was not an accidental one because induced by the voluntary actions of deceased when he knew or ought to have…