Kinsey

On May 12, 1911, defendant issued to Edward W. Kinsey, who was the husband of plaintiff, a policy of insurance by which defendant agreed to and did insure said Kinsey against "bodily injury sustained during the term of the policy through accidental means (excluding suicide, sane or insane, or any attempt thereat, sane or insane) and resulting directly, independently and exclusively of all other causes in . . . death." Plaintiff, as beneficiary named in said policy, alleging the insured, while bathing in the surf, was accidentally drowned, on September 18, 1913, brought this action to recover the amount of the indemnity specified in the policy. A trial was had before a jury, which rendered a verdict in favor of plaintiff for the sum prayed for in the complaint. Judgment followed, from which and an order denying defendant's motion for a new trial, it appeals. In its answer defendant denied that the death of deceased was the result of accidental drowning, denied that any sum was due plaintiff under the terms of the policy, and affirmatively alleged that deceased in procuring the policy made certain warranties, among which was that he was in sound physical condition, whereas at the…

The judgment heretofore given by this court is amended to read as follows, viz.: "The judgment appealed from is modified by deducting therefrom $1,250 and interest thereon from November 1, 1913, to date of judgment amounting to $64, making a total of *Page 158 $1,313.75, and as thus modified said judgment is affirmed. The order denying a new trial is affirmed. Appellant shall recover its costs on the appeal to the extent only of $50 for and on account of the printed transcript used in presenting the record, and $20 only for and on account of cost of printing briefs, making a total of $70 and $10 for filing transcript. Respondent shall recover as costs of printing briefs the sum of $50, and no other costs on these appeals." Wilbur, J., and Melvin, J., concurred.