Muzzy

The plaintiff, as beneficiary, brought this action to recover on a policy of accident insurance issued to her son Harry Gordon. The record shows that the insured was employed in a packing-house; that on August 15, 1930, while assisting another workman in pushing a heavy truck along a track, he slipped and fell, striking an iron support to the track; that shortly thereafter it was discovered he had a hernia; that on October 14, 1930, an operation was performed for the purpose of repairing the hernia; and that on October 21, 1930, the insured died, death having resulted from an embolism occasioned by the operation. After a trial without a jury, in which it was stipulated that the only issue involved was the cause of death, judgment was entered in favor of the plaintiff, from which this appeal has been taken.

The policy contained the following provision: “First: In the event of the death of the member solely from accidental causes and by external violence happening without the concurrence or will of the person injured, the death occurring within ninety days from the date of the accident . . . the ■Society agrees to pay to Flora Muzzy . . . the sum of Fifteen hundred dollars, upon…