Richards

— This is an action upon an accident insurance policy. By the terms of the policy, the insured — Philip Bichards — was to have a sum of money paid him weekly in case of injury to him by accident, and his estate was to be paid five thousand dollars in case of his death from such injury. During the life of the policy said Bichards was killed. The jury returned a verdict in favor of plaintiffs, executors of said Bichards, deceased, for five thousand dollars, and defendant appeals from the judgment, and from an order denying a new trial.

1. We think that the complaint is sufficient. There was no formal demurrer, but defendant objected to a jury being impaneled, and to the introduction of an evidence, upon the ground that “the complaint does not state facts sufficient to constitute a cause of action.” The first objection is, that the complaint does not state the particular circumstances under which the death of the insured occurred; that is, whether it was caused by lightning, drowning, railroad collision, etc. But the complaint avers that at a named date the deceased “ sustained bodily injuries effected through external, violent, and accidental means, and that on, to wit, the…