Losleben

On a former appeal in this case ( 119 Cal. App. 556 [ 6 Pac. (2d) 1012 ]), this court in reversing a judgment of nonsuit summarized the facts as follows:

A second trial resulted in a judgment for the plaintiff from which the defendant has taken this appeal. In addition to the facts above outlined the record shows that the two doctors who operated upon the insured, and later assisted in an autopsy, after stating what they found, testified as to the several things which could have caused such a condition, each naming trauma, or injury, as one of such causes. Each then testified that he could find no indication of the presence of any of the causes named except trauma, and that in his opinion the volvulus in the decedent was caused by trauma.

The appellant’s first contention is that the evidence is entirely insufficient to support the verdict, in that it fails to show death from accidental means as distingushed from an accidental death. The appellant concedes that the evidence for the respondent is essentially the same as that received at the first trial, with one exception. During the second trial, the respondent introduced in evidence the “proofs of death” which had been furnished…