Thomas v. Mutual Benefit Health & Accident Ass'n

The opinion of the court was delivered by

Johnston, C. J.:

Mary B. Thomas sued the Mutual Benefit Health and Accident Association to recover $1,000 under a policy insuring her son, John H. Thomas, Jr., against loss of life through accidental means, or injury through accident which immediately, continuously and wholly disabled him. Plaintiff was named as his beneficiary. He suffered a bodily injury which resulted in blood poison and subsequently in his death. The plaintiff recovered $1,-139.68 of the insurance, and defendant appeals.

The case was tried by the court without a jury on a stipulation…