Tierney

This is an action by the widow upon a life or accident policy issued to one William L. Tierney, deceased. Judgment of the trial court was for the plaintiff and defendant appeals upon a bill of exceptions.

But one witness was called by the plaintiff and none by defendant, it having been stipulated that the testimony so given covered the facts relating to the circumstances of the accident. The witness testified that he piloted an aeroplane which took the insured as a passenger from Venice, Los Angeles County, to Marsh Field, Riverside County; that the landing was accomplished, whereupon, and before stepping from the cockpit, deceased answered questions put to him in an ordinary tone of voice, acknowledged an introduction to two officers, and, having removed his goggles but not his leather helmet, stepped out on to the left wing of the plane and on to the ground, then forward, bent over to avoid a drift wire, and as he straightened up was struck by the propeller, which was still in motion but was plainly visible. Insured died early the next day as a direct result of the injury thus received. The witness further testified that the machine had been upon the ground five or six minutes…