Ætna Life Ins. v. Kern-Bauer

MeDEBMOTT, Circuit Judge.

The jury found that Joe Kem came to his death, “directly and independently of all other causes, from bodily injuries effected solely though external, violent and accidental means.” Judgment was rendered on the verdict for the amount of an accident insurance policy issued by appellant, in favor of appellee, the beneficiary. Two questions are argued upon this appeal, one concerning the admissibility of certain statements as spontaneous exclamations, the other as to the sufficiency of the evidence to support the verdict.

Kem, a man 48 years old and apparently in sound…