Huntly
Huntly v. United States Fidelity & Guaranty Co.
Opinion
Lead Opinion
Richards, J.
This appeal is from a judgment in the plaintiff’s favor for the sum of seven thousand five hundred dollars, for which she sought recovery 'as the beneficiary named in an accident insurance policy issued by the defendant, United States Fidelity & Guaranty Company, to her husband, which policy was dated January 5, 1918, and provided for an indemnity in the amount sued for, payable to plaintiff in the event of the death of the insured “resulting directly, and independently of all other causes, from accidental and bodily injury.” The deceased husband of the plaintiff thus insured under said policy was at and for some time prior to the time of his death an auditor in the employ of the Pacific Steamship Company, stationed at berth 160, Wilmington, California. On March 22, 1926, about 7:45 o ’clock A. M., the deceased was found in a kneeling position with his head against a checker’s desk just beside the door of berth 160 above referred to. There were no witnesses to his fall, but when he was discovered some fifteen or twenty minutes later he was still living, though in a semi-conscious condition, and was feebly but vainly attempting to rise. His head at the base of his forehead was…