Bennetts

This is an action brought by plaintiff against defendant to recover the sum of two thousand ($2,000) dollars upon an accident insurance policy. Defendant issued the policy set forth in the complaint, by the terms of which it insures William J. Bennetts against “death or disability, while sane, and resulting directly and independently of all other causes from bodily injuries, effected through external, violent and accidental means.” The policy was issued on the twenty-sixth day of June, 1909, to be in force for a period of twelve months from said date. The insured died on August 11, 1909.

The ground upon which this action was brought was that the death of the insured “resulted directly and independently of all other causes from bodily injuries, effected through external, violent, and accidental means.” This contention was denied by defendant. There were two other defenses interposed by defendant, but as no evidence was offered in support thereof, they are immaterial here.

The case was tried by the court without a jury. The court found “that the death of said William J. Bennetts did not result directly and independently of all other causes from bodily injuries effected through…