Birss v. Order of United Commercial Travelers of America

This was an action by the plaintiff, as beneficiary under an insurance policy, issued upon the life of her husband by the defendant insurance company. The defendant demurred to the petition. The demurrer was sustained and, the plaintiff having elected to stand upon her petition, judgment was entered against her and her *227suit dismissed. Prom this judgment she has appealed.

So far as the questions raised here are concerned, the ■petition sets forth that the insured, Prank J. Birss, “while in the act of examining the flow of an oil well and in attempting to measure the amount of oil in several…