Fox

Respondent Jennie M. Fox is the widow of J. L. Fox, deceased, who died from the effects of a gunshot wound inflicted on December 1, 1928, by L. M. Card-well, who was at the time constable of Chowchilla township, in the county of Madera, state of California. Appellant had issued to J. L. Fox a policy of health and accident insurance whereby it insured him “against the effects resulting directly and exclusively of all other causes, from bodily injury sustained during the life of this policy solely through external, violent and accidental means.” Upon a trial of the case before the court without a jury, judgment was rendered in favor of respondent, who was the beneficiary named in the policy, and against appellant for the principal sum pro vided in the policy as the benefit to be paid in case of the accidental death of the insured.

The appellant presents several grounds upon which it relies for a reversal of the judgment, but we only need to consider one of them.

The policy contained the following provision:

Appellant maintains that this provision of the insurance policy releases it from liability. Under the facts and circumstances appearing in this case we agree with it.

The…