Preferred Acc. Ins. v. Rhodenbaugh

ALLEN, Circuit Judge.

This appeal arises out of an action upon an insurance policy which was tried to the court, jury trial being waived. The sole question is whether the appellee’s decedent, Ralph Rhodenbaugh,, was covered by the contract of insurance issued by appellant on August 1, 1945, to Goodyear Aircraft Corporation of Akron, Ohio, hereinafter called Goodyear.

The facts are stipulated, and are in substance as follows:

On August 10, 1945, Rhodenbaugh, an employee of Goodyear, was instantly killed while working in the course of his employment, by being struck by a moving Corsair airplane.

At…