Fischer v. Travelers' Insurance

Foote, C.

This action was brought by the plaintiff to recover on what is ordinarily denominated an “accident insurance policy.”

According to the facts as set out in the complaint, the insured, who was the husband of the plaintiff, “while peaceably, lawfully, and quietly engaged in his ordinary business as butcher, in his offfce at Mountain View, in said county of Santa Clara,” was shot through the body with a pistol, without provocation, by one George Langley, from w’hieh shot and wound thereby inflicted alone, Fischer, the insured, died in a few hours.

The complaint was demurred to as not…