Mustard v. St. Paul Fire and Marine Insurance Company

Plaintiff recovered a jury verdict and judgment for $5,000 as beneficiary of a policy insuring against accidental death. Defendant, asserting suicide by the deceased insured, appeals, We affirm the judgment.

Defendant assigns error in the district court’s failing to direct a verdict because of the insufficiency of the evidence.

Deceased insured was killed by the engine of a nonscheduled freight train while he was standing or walking in the middle of the railroad track crossing running through the town of Clarks, Nebraska. The incident occurred about 4:30 pan. on May 3, 1965, a clear, dry day.…