Wirthlin v. Mutual Life Ins. Co.

COTTERAL, Circuit Judge.

The appellant, the mother of William A. Wirthlin, brought this suit as beneficiary to recover a double indemnity which, by a policy the appellee issued to him, was payable in the event he should come to his death within a year, from an injury sustained solely through external, violent, or accidental means. In her petition, she alleged his death was so caused by a gunshot wound. The answer, in addition to a general denial, alleged that the fatal shooting was his intentional act. The cause was tried to a jury. When the evidence was closed, both parties moved for a…