Lebs v. Mutual Benefit Health & Accident Ass'n

This is an action to recover for accidental death under *492.the provisions of an accident policy. It is alleged by the plaintiff that the insured died on or about the 16th day of July, 1928, as a result of an “accidental gunshot wound and by accidentally wandering and falling into the Missouri river.” The answer of the insurance company denies these allegations. The plaintiff appeals from a judgment entered upon a verdict in favor of the defendant.

The plaintiff complains that the court erred in giving certain instructions relating to the alleged shooting, in which the jury were told that a brawl…