Wilmarth v. Pacific Mut. Life Ins. Co.

Defendant appeals from the judgment and from an order denying its motion for a new trial.

The suit was upon a policy of accident insurance issued to Charles B. Wilmarth, husband of the plaintiff. Mr. Wilmarth was killed by a fall from an elevator and the defendant acknowledged liability under the policy for the sum of five thousand five hundred dollars which was paid into court. The policy provided that the indemnity therein specified should be doubled if the bodily injury should be sustained by the insured “while in a passenger elevator (excluding elevators in mines).” Judgment was given for…