Maeda

This is an action brought to recover upon

a policy of accident insurance issued by appellant. Judgment for the full amount of the policy, $1,000, was entered for plaintiff, and the appeal is taken therefrom.

On August 14, 1928, appellant issued to Toyokichi Maeda a policy of accident insurance wherein plaintiff was designated as beneficiary in the event of loss of life. Thereafter the insured met his death by drowning. He drove his automobile, in the late afternoon, upon a ferry-boat which plies between Ryan Island and Grand Island in Sacramento County. This boat was thirty feet long and twelve feet wide. It was moored to the shore, and was reached by an incline upon the Grand Island side which has a twenty per cent grade. It was raining at the time of the accident. The only witness to the whole occurrence was called by plaintiff. He testified that the insured drove his-automobile down the incline toward the boat at a speed of three or four miles per hour, but when the four wheels of the car were upon the ferry, the automobile speeded up to some twenty-five miles per hour, and ran off the end of thp boat, plunging into the water. The car was recovered the following morning, and…