Zohner

Plaintiff, as administratrix of the estate of the deceased, brought this action upon an accident policy. Judgment upon the verdict was entered in favor of plaintiff upon a trial by jury, from which judgment defendant appeals.

The policy, among other things, insured against death from bodily injuries effected through external, violent and accidental means “By the wrecking of any private passenger motor-driven car (motorcycle not included), in which the insured is riding .or driving, or by being accidentally thrown from such wrecked motor-driven car.” The complaint set forth all necessary allegations, including the allegations "That on or about the 5th day of October, 1927, at San Francisco, State of California, while said policy was in full force, the insured received personal injuries through external, violent and accidental means, to-wit, by the wrecking of a private passenger motor driven car in which the insured was riding and/or driving”; and “That by reason of said injuries, and as a direct result thereof, the said insured died on or about the 17th day of October, 1927.” The amended answer contained no denials except a denial based upon lack of information or belief that the…